!['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.' [‎55v] (121/208)](https://iiif.qdl.qa/iiif/images/81055/vdc_100000000193.0x00017b/IOR_R_15_1_406_0121.jp2/full/!1200,1200/0/default.jpg "'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.' [‎55v] (121/208)")
'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.' [55v] (121/208)
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.
14
1902, in a letter to Mr. Cave, the British President
there, said :—
" Je vous rappellerai douc qu'il a toujours ete admis Appendix 6, p. 44.
que les boutriers, patrons, et equipage naviguant sous
pavilion Frangais sont proteges Fran9ais."
Mr. Cave replied, on the 15th September, 1902,
that he could not for a moment accept this
statement, and concluded as follows:—
By Article 32 of the General Act of the Brussels
Conference, to which the French Republic is a party, it
is provided that authority to fly the flag of one of the
Signatory Powers should only be granted to a native
vessel the fitter out or owner of which is either a subject
of, or a person protected by, the Power in question. I
shall be much obliged if you will be so good as to
inform me upon what grounds a native of Stir, in Arabia,
has been granted the right of sailing under the French
flag."
M. Guy, on the 15th September, 1902, in his
reply modified his claim, and restated it as
follows:—
" 11 est bien certain (et ceci m'amene au point que
vous visiez in fine) que le proprietaire d une embarca-
tion naviguant sous pavilion Fran^ais devait etre (d apies
I'Acte de Bruxelles et d'apres nos lois) ran^ais, et son
patron et ses hommes sont considerds comme 6tant au
service des Franqais, et doivent par consequent jouir des
avantages que leur accorde le Traite de Mascate.
The Consul's first claim treated as admitted
what had never been admitted, viz., that the
persons on Arab vessels under the French flag
were French proteges.
The second claim treats as certain that such
persons are French proteges because h rench Law
and the Act of Brussels require as a condition
precedent to a ship being French that its owner
should be French. This is an obvious petitio
principii, based on a fiction of service to a person
assumed to be Prench, by reason of the flag used,
without examination into the right of the ship
to use the flag.
It has already been pointed out that the French
list merely states the names of the Omanis with
out indicating how they became entitled to the
French flag. The British Government claim
again, as in the British Case, p. 23, that a
written' explanation should be given of the
grounds on which the titre de navigation was
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.' [55v] (121/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x00007a> [accessed 23 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