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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [423r] (850/1220)
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.
— 8 —
A. Competence in Civil and Commercial Matters
Article 26 (Formerly article 22).
The text of this Article was retained, with slight modifications
in the form adopted by the Committee (P.V. 5 , p. 3 ).
In this connection, the Committee examined the proposal
by the United Kingdom delegation to include in the Reglement
d’organisation jucliciaire two special Articles reproducing the
provisions of Articles 13 and 14 of the Mixed Civil Code. It
came to the conclusion that there was no need to insert the
said provisions, which belong by their nature to the Mixed
Civil Code, and that it was sufficient to take note of the declaration
made to the Drafting Committee by the Egyptian delegation
to the effect that the Egyptian Government does not intend to
modify the texts in question.
Articles 27 to 32 (Formerly articles 23 to 23 sexier).
The Committee retained with slight modifications the texts
of these Articles as drawn up by the ad hoc sub-committee and
adopted by the Reglement Committee (P.V. 6 , p. 3 and P.V. 7 ,
p. 2 ).
It is understood that the term “ incapacity ” used in these
Articles covers all cases of incapacity, including lunacy with
or without interdiction. The United Kingdom delegation’s
proposal in document C.C.M./C.R.O.J ./2 was withdrawn following
the observations made by the Egyptian delegation in Document
C.C.M./C.R.O.J./12.
In adopting the provisions of Article 29 concerning the
foreign national law to be applied in the various matters relating
to personal status, the Committee wished to refer strictly to
questions of personal status and not to other questions which
might incidentally arise in the course of litigation relating to
personal status.
It is further understood that the term “ law ” is to be
taken not in the sense of formal laws but in that of law in
general.
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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Copyright: How to use this content
- Reference
- IOR/L/PS/12/2764
- Title
- Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937'
- Pages
- 362r:362v, 444r:445v, 363r:435v
- Author
- Montreux Conference
- Usage terms
- The copyright status is unknown. Please contact [email protected] with any information you have regarding this item.