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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [424r] (852/1220)
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.
Article 33 (Formerly article 24).
This Article was retained in the form adopted by the
Committee (P.V. 5, p. 23).
♦ Articles 34 and 35 (Formerly articles 24 bis and 24 ter).
These new Articles embody the declaration by the Egyptian
delegation in which the latter agreed to make an exception to
the general principle laid down in Article 33 in respect, on the
one hand, of Egyptian corporate bodies in which foreigners
possess substantial interests and, on the other, of mixed bank
ruptcies (P.V. 5, p. 21).
It is understood that the term „ substantial ” used in Article 34
means that the interests concerned are neither of a trivial nor
of a fictitious nature. It shall be left to jurisprudence to decide
upon that question.
In regard to Article 35, it is, moreover, understood that the
transfer of jurisdiction in matters relating to bankruptcy shall
take place on the day when a foreign creditor enters an appea
rance.
Article 36 (Formerly article 25).
The Drafting Committee retained the text adopted by the
Committee (P.V. 5, p. 23).
Article 37 (Formerly article 26).
The new text of this Article was drawn up by the Committee
in harmony with Article 5 of the Draft Convention as adopted
by the General Committee.
Article 38 (Formerly article 27).
The first two paragraphs were retained in the form adopted
by the Reglement Committee. A third paragraph was inserted
in accordance with the proposal submitted to that effect by
the Greek delegation and referred to the Drafting Committee
(P.V. 5, p. 25). The rule proposed is, moreover, merely an
application of the pauline action relating to Wakfs.
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.