Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [297r] (598/1220)
The record is made up of 1 volume (606 folios). It was created in 31 Dec 1936-18 Apr 1939. 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.
the few that are not are British-protected persons in Egypt), will come within
the jurisdiction thus reserved, it remains to be seen (i) whether the Irish
Free State Government in fact mean to object to cases affecting British
nationals who are also Irish Free State citizens being dealt with by the
British consular court, and (ii) whether the Mixed Courts will be led to
take the view that an Irish Free State citizen possesses a nationality
distinct from that of a British national so that the Mixed Courts will
have to decide (under article 30 of the R.O.J.) whether they should
themselves deal with such a case or leave it to the British consular court. The
South African delegation was throughout in agreement with the line taken by the
United Kingdom delegation and in fact intervened to oppose a solution of the
question whether sujets and protegds of the ex-capitulatory Powers would be
subject to the Mixed Courts, which discriminated between different classes of
British-protected persons, particularly those from mandated territories. Neither
the South African delegation, nor the Irish Free State delegations, made any
difficulty about the grouping of the Commonwealth delegations in the preamble
and signature portions of the convention and protocol and they collaborated with
the United Kingdom delegation in getting over a difficulty as regards the descrip
tion of nationals of the ex-capitulatory Powers in article 25, paragraph 1, of
the R.O.J., where the expression “nationals of the high contracting parties to
the Convention of Montreux ” is used.
Canada.
20. His Majesty’s Government in Canada did not think it necessary to send
a delegation to the conference, but sent a note to the president of the conference,
in which they accepted, in advance, the provisions of any conventions signed and
ratified on behalf of other members of the British Commonwealth of Nations, on
the condition that Canada could claim thereunder the same rights as those States
in whose behalf it had been ratified. This letter has been inserted in the Final
Act of the conference.
Australia, New Zealand and India.
21. I received full powers to sign the conference instruments in respect of
Australia, New Zealand and India and acted under these powers.
The Secretary-General.
22. M. Aghnides (whose services together with those of his small staff had
been lent by the Secretariat of the League of Nations for the con erence) u y
justified our expectations, based on his work in a similar capaci y a e ^
Conference a year before. His work was uniformly tactful and e cien an
almost faultless working of the machinery during the last week o ^i 011
at a time of extreme pressure and congestion of work, was a considera e
ment.
III.— The Course of the Discussions at the Conference.
23. The conference met on the 12th April. Nahas
Pasha
An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders.
and t0
Pasha
An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders.
, Egyptian delegates, were members of the official Montreux
the Coronation, and had, if they were to fulfil the engagemen , complete i ts
on the 8 th May. This left only four weeks for the conference to complete Us
work unless either the conference was to adjourn or imp < documents
arrangements were to be upset. The length and comp ox y con f e rence
drawn up at Montreux will show that it was no oasy as a e w a tion had to
work finished in so short a time, and the United Kingdom delegation
assume the ungrateful task of persuading the confer pvvntian dele cr ation
and at greater pressure than most ‘xtrcSd) were^unfortunately not
(for whose convenience the pressure had to be exerci )
the least loud in their complaints of being overworke . pvenino 1 of the 11 th
24. The United Kingdom delegation mana g ed ’ m 0 p n . th ® ^the arrangements
and on the morning of the 12th April, to obtain agre *
presidency
The name given to each of the three divisions of the territory of the East India Company, and later the British Raj, on the Indian subcontinent.
of the
to be made for the organisation of t ^ e r) confe . r t e f ^ e q L a ’ Element Committee,
conference, the formation of a General Committe meetings were held on
the presidencies of these committees, &c.). Two p 3 a p necessary
the afternoon of the 12 th and the morning oi tne ^ con f e rence was
formal speeches were made, and on the afternoon of the 13th tne
already down to work in the General Committee.
About this item
- Content
The volume comprises telegrams, despatches, letters, correspondence, memoranda, notes and Parliamentary questions relating to the 1937 Montreux Conference on the abolition of capitulations in Egypt. These capitulations had created extra-territorial jurisdiction for many foreign powers in Egypt, including Britain, France, Italy and Belgium. This negotiation of the revision of the capitulations was one of the provisions of the 1936 Anglo-Egyptian Treaty.
The correspondence in the volume relates mainly to British interests and negotiating issues as well as the difference between British subjects, British protected persons and citizens; errors in some of the drafting and how these mistakes should be rectified, and the process of ratification of the convention by all parties concerned including the Egyptian Government and the governments of the Dominions.
Included in the volume are the following documents:
- a printed copy of the 'Statutory Rules and Orders, 1937 No. 936 FOREIGN JURISDICTION The Egypt Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1937' (ff 116-139)
- a printed report (ff 295-312) to Secretary of State for Foreign Affairs, Antony Eden, on the proceedings of the Montreux Conference for the abolition of Capitulations in Egypt
- 'Egypt No. 1 (1936) Treaty of Alliance between His Majesty, in respect of the United Kingdom and his Majesty the King of Egypt ... Convention concerning the Immunities and Privleges to be enjoyed by the British Forces in Egypt, London, August 26, 1936' (Cmd. 5270) (ff 574-589)
- 'Instruments signed at Montreux on May 8th, 1937' and 'Report on the Convention regarding the abolition of capitulations ...' (in French and English) (ff 363-435)
- a printed memorandum 'Procedure for Giving Effect to Capitulations: Provisions of Anglo-Egyptian Treaty' (ff 590-601)
The volume features the following principal correspondents: the Secretary of State for Foreign Affairs (Anthony Eden); HM High Commissioner to Egypt and Sudan (Sir Miles Wedderburn Lampson); the Secretary of State for Dominion Affairs, Dominions Office; Under-Secretary of State for Dominion Affairs, Dominions Office; President of the Council of Ministers, Cairo (Mustapha El-Nahas).
The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the back of the correspondence.
- Extent and format
- 1 volume (606 folios)
- Arrangement
The papers are arranged in rough chronological order from the rear to the front of the volume.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 608; 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.
- Written in
- English in Latin script View the complete information for this record
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- Reference
- IOR/L/PS/12/2764
- Title
- Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937'
- Pages
- front, back, spine, edge, head, tail, front-i, 2r:8v, 10r:13v, 15r:28v, 30r:88v, 92r:140v, 142r:147v, 150r:164v, 167r:182v, 184r:185v, 187r:202v, 205r:212v, 214r:310v, 313r:361v, 436r:439v, 441r:443v, 446r:486v, 489r:503v, 506r:530v, 533r:550r, 552r:589v, 591r:607v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence
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