"F 80 ملف 82/34 I امتياز أ.ب.و.ك" [و‎‎١‎٢‎٣] (٤٣٦/٢٣٠)

. ancellation of this concession. Such a cancellation is a confiscatory measure
Vod a clear breach of international law committed against a British company
isati 8 und His Majesty's Government feel obliged to take the matter up in the exercise
)nW.if their right to protect the interests of their nationals. His Majesty's Govern-
in Aent have from the outset, as pointed out in my note of the 2nd December, and
pory Is repeated in the statement made by the Under-Secretary of State for Foreign
it s uVffairs in the House of Commons on the 5th December, been anxious that an
^J 1 micable settlement may be reached between the Persian Government and the
c Vnglo-Persian Oil Company. His Majesty's Government cannot, however, regard
^'I'he Persian Government's note of the 3rd December as offering any satisfactory
, a ^asis for such a settlement. As I explained on the 2nd December His Majesty's
w Government consider the action of the Persian Government in cancelling the
Concession to be an inadmissible breach of the terms of that instrument and have
" therefore requested the withdrawal of the notification made to the company on
I , he 27th November. Since the Persian Government in their reply adduce no
^ Ht| s rgument which can be regarded as in any way justifying their action. His
'Majesty's Government must reiterate their request.
1 2. Should the Persian Government be unwilling to withdraw their notifica-
, ion of cancellation of the concession within one week from the date of the
^Vesent note, that is by Thursday, the 15th December, His Majesty's Government
5e Wj%ill have no alternative to referring the dispute, which has arisen between them
sofli8i;nd the Persian Government in regard to the legality of the Persian Govern-
wliitiaent's action, to the Permanent Court of International Justice at The Hague
l e #ll;s a matter of urgency under the optional clause. In so doing His Majesty's
s displtferovernment would request the Court to indicate under article 41 of the statute
w in ihe provisional measures which ought to be taken to preserve their rights.
ihaUoi 3 Further, I am instructed to state that my Government do not accept the
iiestioittttitude outlined in paragraph 3 of your note to the effect that the Persian
swift government cannot regard themselves as responsible for any damage accruing to
reckttjhe company. On the contrary, I have the honour to inform your Highness
ategorically that His Majesty's Government will hold the Persian Government
tunitfillirectly responsible for any damage to the company's interests, any interference
idth their premises or business activities in Persia or any failure to afford the
](liiig S company adequate protection, and in the event of any such damage occurring
• rea |;Iis Majesty's Government will regard themselves as entitled to take all such
case ill Jpsures as the situation may demand for the company's protection,
ictm I avail, &c.
J, R. H. HOARE,
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