'F 80 File 82/34 I APOC Concession' [223r] (390/436)
The record is made up of 1 volume (221 folios). It was created in 21 Oct 1932-26 Jan 1933. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
9
rights in bringing to the notice of the Council of the League of Nations the
threats and pressure which have been directed against them.
32. It will be seen that in this note the Persian Government disputes the
competence of the Permanent Court of International Justice <% for the examina
tion of the differences which have arisen between the Persian Government and
the Company," and, finally, intimates its intention of bringing the matter before
the Council of the League. His Majesty's Government do not accept the
contention, which seems to be that put forward by the Persian Government, that
because the present situation had its origin in differences between the Persian
Government and the Anglo-Persian Oil Company, the Permanent Court is not
competent to decide the dispute which has now arisen between the Persian
Government and His Majesty's Government: such a contention is inconsistent
with decisions of the Permanent Court itself. His Majesty's Government are,
however, aware that, by the terms of its acceptance of the jurisdiction of the
Permanent Court under the optional clause {" League of Nations Treaty Series,
Vol. 104, p. 492-3), the Persian Government reserved the right " to require that
proceedings in the court shall be suspended in respect of any dispute which has
been submitted to the Council of the League of Nations," and they realise, there
fore, that should they carry out their original intention of submitting the matter
to the Permanent Court, and should the Persian Government then bring the
matter before the Council, that Government would be entitled to put a stop to the
proceedings before the Permanent Court, with the result that the time which had
been spent on those proceedings would be thrown v away. In these circumstances
His Majesty's Government think it right to adopt the other course which is open
to them under article 15 of the Covenant, and to submit the matter to the Council.
33. His Majesty's Government are compelled to take a serious view of the
situation created by the action of the Persian Government. It is admitted that
certain differences have arisen between the Persian Government and the Company
as to the computation of the royalties payable to the Persian Government and
that, as a result thereof, the Persian Government desired a modification o* ttie
arrangement made in 1920. But, as explained above, these differences had been
settled by a preliminary agreement between his Highness the Minister of Court
and the chairman of the company, which was approved by the Council ot
Ministers in February last, and a detailed agreement to give effect to the general
principles laid down in that preliminary agreement had been initialled on behalt
of the Persian Government and the Company and had been under consideration
bv the Persian Government since May last. It is true that the Persian Govern
ment was understood to be preparing further proposals of its own, but these
proposals had never been communicated to the Company. In these circumstances,
it is idle for the Persian Government to contend that the Company has shown
anv unwillingness to reach a reasonable settlement of the difficulties which had
arisen But it was in these circumstances that the Persian Government without
making any attempt to invoke the arbitration provisions of article 17 of the
concession, took, on the 27th November last, the step of purporting to cancelling
the concession His Majesty's Government can only regard this action as a
unilateral act of confiscation committed by the Persian Government against the
Company, and it is well established under international law that the confiscatory
cancellation by a Government of a concession held by a foreign company is an
act contrary to international law; in the present instance the action of the
Persian Government constitutes an international wrong done to the United
Kingdom in the person of a British company. Moreover, it is plain that, if the
^ncellaTion of the concession which the Persian Government has purported to
effect were to be followed by an attempt by the Persian Government to take
possession of the Company's extensive and immensely valuable properties and
nW ii Persia or should any action or inaction of the Persian Government lead
to serious damkge to these properties and plant, or adversely affect the safety
of the Companyl personnel a situation of the utmost gravity would arise , and
ot tne oompdii^ F Maiestv's Government observe with much disquietude
tfS . c—Slon. q „.»d A- the Persian h..
consistently declined to accept any responsibility for loss or damage to the
Commnv although under article 14 of the concession the Persian Government
isTounT to take any necessary measures to protect the property and employees
of the Company.
[8026]
About this item
- Content
The volume contains correspondence and telegrams between His Majesty's Minister at Teheran, the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. at Bushire and Anglo-Persian Oil Company (APOC) representatives in regard to the cancellation, on 27 Nov 1932, of the 1901 D'Arcy Concession, because APOC was not acting in the interest of Persia in reducing the oil production in 1932. The British Government considered escalating the breach of the concession to the International Court of Justice considering it a dispute between the Persian Government and the British Government. The volume contains: APOC's report on the 'Situation in Persia' (folios 87-92) and letter from the Deputy Chairman of APOC to the Company's Stakeholders to inform them (folios 93-107). The volume also includes copies of articles from The Times and copies of printed documents related to the dispute, including the agreement with D'Arcy (folios 219-231).
- Extent and format
- 1 volume (221 folios)
- Arrangement
The documents in the volume are mostly arranged in chronological order. There are notes at the end of the volume, (folios 237-239). The file notes are arranged chronologically and refer to documents within the file; they give a brief description of the correspondence with reference numbers in red crayon, which refer back to that correspondence in the volume.
- Physical characteristics
The foliation is in pencil, in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. of each folio. The numbering begins on the title page, on number 1, then 1A, 1B, 1C, 1D, 1E, 1F, 1G and 1H; 2-27; 28-40 are skipped or omitted; 41-124; 125-135 are skipped or omitted; 136-146; 147-155 are skipped or omitted; 156-185; 186 and 187 are skipped or omitted; 188-201; 202 and 202A and then it carries on until 245, which is the last number given on the last folio of the volume. Between 93 and 107 the folios are paginated.
- Written in
- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/1/635
- Title
- 'F 80 File 82/34 I APOC Concession'
- Pages
- front, back, spine, edge, head, tail, front-i, i-r:i-v, 1r:1v, 1ar:1fv, 1gv:1hv, 2r:27v, 41r:41v, 42v:43v, 45v, 46v, 47v:58v, 60v:84v, 89v, 92v, 109v, 112v, 114v, 117v:123v, 144v, 147v, 156r:185v, 188r:228v, 231v:233v, 236v:245v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence