'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.' [21r] (50/208)
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
This transcription is created automatically. It may contain errors.
PRELIMINARY OBSERVATIONS.
Before passing to the facts and arguments, it
is unfortunately again necessary to dispose of
certain preliminary allegations which, appear to
impugn the good faith of Great Britain.
The " Contre-Memoire " (pp. 3 to 7) deals with
the question of the appearance of the name
His Highness the Sultan as a party to the British
Case, In the British Counter-Case (p. 1) Great
Britain has, in deference to French wishes,
deleted the Sultan's name as a party. But it has
been pointed out in the Counter-Case (p. 1) and in
the correspondence (printed at pp. 39, 40, and 41
of the Counter-Case) that the French objection is
purely technical, and that His Highness has, in
fact, invoked the good offices of Great Britain. The
position assumed by Great Britain, and objected
to by France, is not that of legal guardian of the
Sultan, but of a friendly Power selected and
requested to lay before the Tribunal the Sultan's
experience of the effect on his authority of the
action of France with respect to his subjects.
His Majesty's Government are confident that, on
perusal of these documents, the Tribunal will be
satisfied of the correctness of the attitude assumed
by Great Britain, and that the statement made on
p. 4 of the French " Contre-Memoire " as to the
tardiness of the Sultan's assent is erroneous, and
that his assent was given so far back as 1903.
Whether the Sultan is or is not formally a party
to the arbitration, it is essential for the Tribunal
to determine the extent to which France is
entitled to confer immunity on the Sultan's
subjects from the jurisdiction of their natural
Sovereign within his own territory.
" Oontre-
It is suggested in the French "Contre-Memoire"
Memoire," p. 3. that the British Case is, both in substance and in
form, incompatible with the Declaration of 1862.
It is difficult to see how such a contention can
seriously be advanced. To admit its accuracy
would be to read the Declaration as precluding
Great Britain from ever questioning the propriety
of any act done by France as to Oman. If the
Sultan happens to agree with one of the two
Parties to the Declaration of 1862 that the other
is attacking his independence, is it to be said that
mmm
About this item
- 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 View the complete information for this record
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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.' [21r] (50/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x000033> [accessed 22 March 2025]
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- Reference
- IOR/R/15/1/406
- Title
- '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.'
- Pages
- front, back, spine , edge, head, tail, front-i, 1r:1v, 1ar:1av, 2r:50v, 50ar:50av, 51r:59v, 59ar:59av, 60r:84v, 84ar:84cv, 85r:93v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence