"الملف 73/7 V (D 38) وضع الكويت، والمعاهدة الأنجلو-تركية" [ظ‎‎١‎٦] (٢١٦/٤٥)

144
In article 6 we agree to the fi rs ^ sec '
tion, but would like a clause added ex
pressly stating that the rights, acquired
by the capitulations, shall not be im
paired.
The Imperial Government thinks
that the machinery provided by the
second section of article 6 is open to a
good deal of criticism, and proposes, if
their original article 6 should be accep
ted, striking out the words from the
" Shatt-el-Arab shall" to " of Basra
and." Turkey has not ratified The
Hague Convention of the 18th October
1907. There does not seem, therefore,
to be any real guarantee that the Bri
tish Government would in every case
succeed in making the Turkish Gov
ernment accept the reference to a Com
mission of Enquiry, as proposed in
the British counter-draft. Such a
Commission seems, in the opinion of
the German Government, a rather
clumsy instrument, and probably there
would be a good deal of delay before
any decision could be arrived at. The
decision of the Commission would in
no way have the character of an arbi
tral decision or any binding character
whatsoever. The decision leaves, as
stated in article 35 of The Hague
Convention, absolute liberty to the
parties concerned. It seems, therefore,
that if after protracted negotiations
the Commission of Enquiry should
give a decision unfavourable to the
Commission, there would be under the
scheme as it stands now no guaran
tee whatever that the Riverain Com
mission either changes the objec
tionable policy or is replaced by a
body better adapted for the needs of
commerce and navigation. The Im
perial Government, for the same
reasons that have led to ask for the
retention of article 5-A, attaches great
importance to get a direct undertak
ing from His Majesty's Government
concerning dues on the Shatt-el-
Arab.
The desire to retain the second part
of our article 6 beginning with '' That
dues shall '' has no doubt contributed
to the desire to let our article 6 stand
as proposed by us. Therefore, it
seems advisable, in case the retention
of our article 6 should not be agreed to,
This may, subject to any observations
of the Legal Adviser, be agreed to as it is
covered by the additional convention
signed by Hakki Pasha on the 2lBt Oc
tober.
Possiblv the words in no other res
pects " should be substituted for " in no
wise."
From oral explanations of Herr von
Kiihlmann it is understood that^ he per
sonally is strongly opposed to a " comite
de surveillance," which, he recognises,
would be unsatisfactory in practice. It
seems therefore advisable to concentrate
on the improvement of article 6 of the
British draft so as to meet the German
criticisms as here expressed. Perhaps
Mr. Hurst would suggest an amended
wording.
This should be considered in the light
of articles 11 and 16 of the Anglo-Turkish
Shatt-el-Arab Convention of the 29th
July 1913.