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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [113r] (232/778)
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. .
Transcription
This transcription is created automatically. It may contain errors.
FOR THESE REASONS,
decides and pronounces as follows:
l». before the 2 nd 0 f January 1892 France was entitled to authorize vessels belonging
to subjects of His Highness the Sultan of Muscat to fly the French flag, only
bound by her own legislation and administrative rules;
2». owners of dhows, who before 1892 have been authorized by France to fly the
French flag, retain this authorization as long as France renews it to the grantee;
3». after January 2, 1892 France was not entitled to authorize vessels belonging to
subjects of His Highness the Sultan of Muscat to fly the French flag, except on
condition that their owners or fitters-out had established or should establish that
they had been considered and treated by France as her “proteges” before
the year 1863;
AS TO THE 2ND QUESTION:
Whereas the legal situation of vessels flying foreign flags and of the
owners of such vessels in the territorial waters of an Oriental State is
determined by the general principles of jurisdiction, by the capitulations
or other treaties and by the practice resulting therefrom,
Whereas the terms of the Treaty of Friendship and Commerce
between I ranee and the Iman of Muscat of November 17, 1844 are,
particularly in view of the language of article 3 “Nul ne pourra, sous aucun
pretexte, penetrer dans les maisons, magasins et autres propriety, possedes
ou occupes par des Fran^ais ou par des personnes au service des Frangais,
ni les visiter sans le consentement de I'occupant, a moins que ce ne
soit avec ^intervention du Consul de France”, comprehensive enough
to embrace vessels as well as other property,
Wheieas, although it cannot be denied that by admitting the right
of France to grant under certain circumstances her flag to native vessels
and to have these vessels exempted from visitation by the authorities
of the Sultan or in his name, slave trade is facilitated, because slave
traders may easily abuse the French flag for the purpose of escaping
from search, the possibility of this abuse, which can be entirely
suppressed by the accession of all Powers to article 42 of the Brussels
Convention, cannot affect the decision of this case, which must only rest
on juridical grounds,
Wheieas according to the articles 31—41 of the Brussels Act the
grant of the flag to a native vessel is strictly limited to this vessel and its
About this item
- 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 View the complete information for this record
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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [113r] (232/778), British Library: India Office Records and Private Papers, IOR/L/PS/10/25, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100026193160.0x000021> [accessed 1 April 2025]
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Copyright: How to use this content
- Reference
- IOR/L/PS/10/25
- Title
- 'P. 1 733/1904. Muscat Arbitration. (1904-08).'
- Pages
- 14r:14v, 32v:33v, 107r:114v, 122r:134v, 136r:141v, 167v, 171r:171v, 173r, 174r:174v, 194v, 310v
- Author
- Unknown translator
- Usage terms
- The copyright status is unknown. Please contact [email protected] with any information you have regarding this item.