"الملف 73/7 V (D 38) وضع الكويت، والمعاهدة الأنجلو-تركية" [و‎‎٢‎٠] (٢١٦/٥٢)

151
British Counter-dfaft-
the Convention are conducive to the best
interests of international commerce, will,
bo long as the duties imposed upon the
Commision by the said Convention are
satisfactorily carried out, uphold the Con
vention, and will undertake that German
subjects and German [shipping shall
comply therewith, and with all regula
tions issued by the Commission, and
shall duly discharge all obligations pro
perly imposed upon them in pursuance of
the provisions of the said Convention.
If at any time the Imperial German
Government are of opinion that the duties
imposed upon the Commission are not
satisfactorily carried out, or that the
reasonable requirements of the commerce
of the river in matters within the com
petence of the Commission are not ade
quately met, and if the Commission in
such case has not seen its way to give
effect to important recommendations laid
before it in the interests of German ship
ping, with the object of removing the
above-mentioned causes of complaint.
His Britannic Majesty's Government will
use their good offices with the Imperial
Ottoman Government to ensure the refer
ence to a Commission of Enquiry, ap
pointed in accordance with article 12 of
the Convention of 1907 for the Pacific
Settlement of International Disputes, of
the questions whether in any particular
respects the duties of the Commissibn
have not been satisfactorily carried
out, and whether there is good ground
for thinking that the Commission, if
maintained, will not be able to provide for
the reasonable requirements of the com
merce of the river.
Akticle 7.
(/See Article 6 of British draft.)
Abticle 8.
Any difference of opinion arising out of
this declaration shall be submitted to ar
bitration. If the two G overnments fail to
agree about a special Court or arbiter,
the case shall be submitted to The Hague
Tribunal.
German Counter-draft.
the Convention are conducive to the
best interests of international com
merce, will, so long as the duties impos
ed upon the Commission by the said
Convention are satisfactorily carried
out, uphold the Convention, and will
undertake that German subjects and
German shipping shall comply there
with, and with all regulations issued by
the Commission, and shall duly dis
charge all obligations properly imposed
upon them in pursuance of the provi
sions of the said Convention.
It is, nevertheless, understood that this
stipidation in no wise affects the privileges
and immunities granted to the German
Empire hy the Capitulations.
A "Ccmite de Surveillance" shall he
established composed of those foreign
consuls resident at Basra whose fag is
represented hy steamship lines regularly
trading with that port. The "Comite"
shall correspond directly with the River
Commission, to he established hy the
Imperial Ottoman Government, on all
matters affecting tie conservancy of the
S'hatt-el-Arah and the dues to he levied on
that river; it is, however, understood that
the functions of the Comite' shall he
advisory and not executive. The
"Comite" will see that dues shall be
imposed, not for the mere fact of navi
gation, hut only for repaying sums ac
tually spent on improvements in the navi
gation of the Shatt-el-Arah and harbour
facilities. They shall in no case exceed
1 fr. per registered, ton {the dues to cover
the coming in and going out of the same
vessel); any dues shall be levied on a
basis of absolute equality without regard
to the nationality of sea-going vessels or
their cargoes.
Article 7.
The preceding arrangements for the
final settlement of all questions connected
with the Bagdad Railway shall cease to be
operative if the Shatt-el-Arah, after a
reasonable time, has not been brought into
a satisfactory state of conservancy in
order that sea-going vessels may always
he assured of free arid easy access to the
port of Basra.
Article 8.
Any difference of opinion arising out of
this declaration shall be submitted to
arbitration. If the two Governments
fail to egree about a special Court or
arbiter, the case shall be submitted to
The Hague Tribunal.