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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [‎111v] (229/778)

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The record is made up of 1 volume (385 folios). It was created in 1903-1906. 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. .

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by the Government of the French Republic :
Jonkheer A. F. de Savornin Lohman, Doctor of Law, former
Minister of the Interior in the Netherlands, former Professor at the free
University at Amsterdam, Member of the Second Chamber of the States-
General,
Whereas the two Arbitrators not having agreed within one month
from the date of their appointment in the choice of an Umpire, and
that choice having then been intrusted in virtue of article 1 of the
Compromis to the King of Italy, His Majesty has named Umpire:
Mr. H. Lammasch, Doctor of Law, Professor at the University at
Vienna, Member of the Upper House of the Austrian Parliament,
Whereas the Cases, Counter-Cases and Arguments have been duly
communicated to the Tribunal and to the Parties ,
Whereas the Tribunal has carefully examined these documents, and
the supplementary observations which were delivered to it by the two
Parties;
AS TO THE FIRST QUESTION:
Whereas generally speaking it belongs to every Sovereign to decide
to whom he will accord the right to fly his flag and to prescribe the
rules governing such grants, and whereas therefore the granting of the
French flag to subjects of His Highness the Sultan of Muscat in itself
constitutes no attack on the independence of the Sultan,
Whereas nevertheless a Sovereign may be limited by treaties in the
exercise of this right, and whereas the Tribunal is authorized in virtue of
article 48 of the Convention for the pacific settlement of international disputes
of July 29, 1899 and of article 5 of the Compromis of October 13, 1904 “to
declare its competence in interpreting the compromis as well as the
other treaties which may be invoked in the case, and in applying the
principles of international law”, and whereas therefore the question arises,
under what conditions Powers which have acceded to the General Act of
the Brussels Conference of July 2, 1890 relative to the African Slave Trade,
especially to article 32 of this Act, are entitled to authorize native vessels
to fly their flags,
Whereas by article 32 of this Act the faculty of the Signatory
Powers to grant their flag to native vessels has been limited for the

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Content

The volume discusses a dispute between the British and French Government’s over the use of French flags on Muscat dhows and individuals dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners from Muscat claiming to be protégés of France owing to their vessels being registered as French.

The two governments agreed in October 1904 for the dispute to be taken to the Permanent Court of Arbitration at The Hague, and the award, which was approved by the British Government in September 1905, was concluded primarily in favour of the British Government’s position. The complete award in English and French can be found at folios 135-141.The papers include reports and discussions on other matters linked to the arbitration case including the limits of Oman territory; the question of ownership of Gwadar; and the legal status and nationality of the Khoja peoples residing within Muscat and Oman. The principal correspondents in the volume include the Secretary of State for Foreign Affairs (Henry Charles Keith Petty-Fitzmaurice, 5th Marquess of Lansdowne); the Secretary of State for India (William St John Fremantle Brodrick, 1st Earl of Middleton); the Secretary to the Government of India in the Foreign Department (Louis William Dane); the Viceroy of India (George Nathaniel Curxon, 1st Marquess Curzon of Kedleston); the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and Consul at Muscat (William George Grey); the French Consul at Muscat (Lucien-Ernest-Roger Laronce); the French Ambassador to the United Kingdom (Paul Cambon); and representatives of the Foreign Office and the 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. .

The volume is part 1 of 3. Each part includes a divider which gives the subject and part numbers, year the subject file was opened, subject heading, and list of correspondence references contained in that part by year. This is placed at the back of the correspondence.

Extent and format
1 volume (385 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the volume.

The subject 733 (Muscat Arbitration) consists of 3 volumes, IOR/L/PS/10/25-27. The volumes are divided into 6 parts with parts 1 and 2 comprising one volume each, and parts 4, 5, and 6, comprising the third volume.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the front cover with 1 and terminates at the back cover with 386; 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. An additional foliation sequence, which is also circled, has been superseded and therefore crossed out.

Condition: The spine has become detached from the volume and has been placed in a polyester sleeve at the back of the volume as folio 395. The sleeve may result in some loss of sharpness in the digitised image.

Written in
English in Latin script
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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [‎111v] (229/778), British Library: India Office Records and Private Papers, IOR/L/PS/10/25, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100026193160.0x00001e> [accessed 27 March 2025]

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