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'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎17r] (42/208)

The record is made up of 1 volume (102 folios). It was created in 1904?-1905?. It was written in English and French. 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

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1 — —'—"
i
29
crew is a subject of the State where the ship lies,
its fla» does not alter his nationality nor his
consequent liability to the laws of his natural
Sovereign.
If a French criminal were found among the
crew of a foreign merchant-ship in a Erench port,
the jurisdiction of the Prench authorities to arrest
and try him would be internationally indis
putable.
There is also a further risk of confusion from
the somewhat equivocal meaning of the word
" prot^g^.'* During the many controversies which
have arisen as to prot^g^s in the Mediterranean,
there was until recent years, no question of Pro
tectorates in the modern sense of that term.
European Powers in the Levant A geographical area corresponding to the region around the eastern Mediterranean Sea. protected many
non-subjects, but this exercise of protection
rested on arrangement with the Porte, and not
Had it absorbed on an y territorial Protectorate. At the time of the
AigwiaP—Yes, in Treaty with Muscat Prance had no territorial
Protectorates, and the policy of Protectorates is
of modern origin, not receiving international
acceptance until the Berlin Act. Since 1880,
Prance has acquired many Protectorates and
spheres of influence in Africa, The status of
occupants of such territories has not yet been
settled by international consensus. But inas
much as the existence of a Protectorate puts the
foreign relations of the protected States into the
hands of France, it is easy to admit that subjects
of the potentates who have admitted a Protec
torate should, in foreign countries, be given the
position of French citizens, although they may
not acquire full civic rights in France itself.
But it does not follow from this concession that
natives of other countries who resided in the
Protectorates when established as natives of the
Protectorate who had ceased to reside in them
before the establishment are in any way brought
under allegiance to France or acquire any title
to protection by France as against their natural
Sovereign or the Sovereign of the State in which
they have settled.
Still less does it follow that, because a foreigner
chooses to go into a French Colony or Protec
torate and build a house or declare that he shall
domicile there, France may at once naturalize him
without the assent of his Sovereign or on the
strength of his domicile give him papers consti
tuting him a French protege in his own native
country. A foreign settler in a Protectorate is
1837. See
Hertslet, Africa
bj Treaty, 287.
y

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Content

This file consists of a number of printed reports relating to the arbitration over the granting of French flags to Muscat dhows:

  • A printed report in 1904 by the Office of the Superintendent of Government Printing, India, relating to the arbitration on the issue of French flags to Omani dhows. An agreement between Britain and France in 1862 committed both governments to respect the independence of the Sultan of Muscat.
  • Reply on behalf of the Government of His Britannic Majesty to the Supplementary Conclusions, presented on behalf of the Government of the French Republic and admitted by the tribunal on July 25, 1905.
  • The verdict (in French) of the arbitration tribunal.
  • Treaty Series (No. 3, 1905) - Agreements between the United Kingdom and France referring to arbitration the question of the grant of the French flag to Muscat Dhows.
  • The section on the geography of Oman (ff 58-59A) discusses the French claim with reference to Kiepert's map of 1850. Includes a sketch map of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. and Arabian Coast (folio 91A).
Extent and format
1 volume (102 folios)
Physical characteristics

Description: The foliation sequence commences at the title page and terminates at the last folio; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. Foliation errors: 1, and 1A; 50, and 50A; 59, and 59A; 84, and 84A-C; 88, and 88A; 91, and 91A. Pagination: A number of original typed pagination sequences are also located in the file.

Written in
English and French in Latin script
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'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎17r] (42/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x00002b> [accessed 22 March 2025]

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