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'P. 1 733/1904. Muscat Arbitration. (1904-08).' [‎128v] (263/778)

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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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14
grant of the flag to a native vessel is strictly limited to this vessel aaid. its
owner and therefore not transmissible or transferable to any other person
or to any other vessel, even if belonging to the same owner,
Whereas article 4 of the French-Muscat Treaty of 1844 grants to
those subjects of His Highness the Sultan of Muscat “qui seront au
service des Frangais” the same protection as to the French themselves,
but whereas the owners, masters and crews of dhows authorized to fly
the French flag do not belong to that class of persons and still less do
the members of their families,
Whereas the withdrawal of these persons from the sovereignty,
especially from the jurisdiction of His Highness the Sultan of
Muscat would be in contradiction with the Declaration of March 10,
1862, by which France and Great Britain engaged themselves reciprocally
to respect the independence of this Prince,
1°. dhows of Muscat authorized as aforesaid to fly the French flag are entitled in the
territorial waters of Muscat to the inviolability provided by the French-Muscat
Treaty of November 17, 1844;
2°. the authorization to fly the French flag cannot be transmitted or transferred
to any other person or to any other dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. , even if belonging to the same owner;
3°. subjects of the Sultan of Muscat, who are owners or masters of dhows
authorized to fly the French flag or who are members of the crews of such
vessels or who belong to their families, do not enjoy in consequence of that fact
any right of exterritoriality, which could exempt them from the sovereignty,
especially from the jurisdiction, of His Highness the Sultan of Muscat.
Done at The Hague, in the Permanent Court of Arbitration,
FOR THESE REASONS,
decides and pronounces as follows:
August 8, 1905.
(signed) H. LAMMASCH.
„ MELVILLE W. FULLER.
„ A. F. DE SAVORNIN LOHMAN.

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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).' [‎128v] (263/778), British Library: India Office Records and Private Papers, IOR/L/PS/10/25, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100026193160.0x000040> [accessed 30 March 2025]

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