"F 80 ملف 82/34 I امتياز أ.ب.و.ك" [ظ‎‎٢‎٢‎٢] (٤٣٦/٣٨٩)

8
the summary which they have received that the note, after setting out under nine ^
heads the causes of the dissatisfaction of the Persian Government with the ^
Company and stating that Persia had always respected her international ^
obligations while upholding her rights, and had, therefore, never refused to set I '
forth its difficulties and to expose to competent international courts violations of F?
the rights of the country, continued as follows :— l w
" In the present instance, as your Excellency, in the name of your
Government, and basing yourself on article 36 of the Statute of the L,
Permanent Court of International Justice, alludes to a reference to that
court, I deem it my duty to draw your Excellency's attention to the fact that, f 8
if the stipulations of the article referred to had placed the examination of irjr t
such question within the competence of that court, the Persian Government, p
of course, would not have hesitated at all to accept a reference to that court, rf
but it appears that the Permanent Court of International Justice is not r
competent for the examination of differences which have arisen between the ' <fCfeI
Persian Government and the Company, because article 36 of the said P?
statute designates the competence of that court in such a way, in all cases r .
where reference to the Permanent Court is made on the basis of the optional P
clause, that the circumstances of the present case do not correspond with ^
them." ^
lie
The note continued ;— m
" Your Excellency repeats in paragraph 3 of your note that you consider wed
the Persian Government as responsible for losses which the Company may
suffer. The Persian Government cannot understand how, while on the one
hand they have no participation whatever in the activities of the Company,,
and, on the other hand, they have not interfered and do not interfere with
the affairs of the Company nor cause them any inconvenience, any
responsibility can devolve on them; and it is on the above grounds that I
have the honour to reiterate that the Company itself is responsible for any
losses which it may suffer."
The note then stated that the Persian Government had never refused to come to
terms with the Company, and concluded as follows :—
'' And the reason why the Persian Government did not take measures
after the cancellation of the D'Arcy Concession to interfere with the
Company's institutions, and still hold for the time being to the same decision
in the hope of attaining the desired result, is that my Government have
hoped that the Company, instead of entering into the sphere of disputes over
principles and of judicial controversies, would not lose the opportunity of
sending their duly authorised representative to Tehran in order that he might ||
enter into negotiations forthwith with the Persian Government, with a view |j
to concluding an agreement which would safeguard the legitimate interests ^
of Persia. But, in practice, it appears unfortunately that His Majesty's L
Government are, perhaps, not in favour of such an agreement between the m
Persian Government and the Company, because the threats and intimidation
which His Majesty's Government are bringing to bear on my Government,
and the unacceptable demands that are put forward prevent, in practice, both
the Persian Government and the Company from taking a single step towards
reaching a mutual agreement; and although the British Legation has
so far not interfered in the discussions between the Persian Government and
the Company, it has now become an obstacle between the two parties, and has
adopted an attitude which does away at once with any hope for success in the
conclusion of a new agreement with the Company, and the authorities of the
Persian Government cannot but regret that although His Majesty's Govern
ment are certainly aware of the deceptions practised on the Persian
Government and of their losses, far from advising and encouraging the
Company to take advantage of the good faith of the Persian Government and
to hasten the amelioration of their situation, are on the contrary encouraging
the Company to resist by pressure that they bring to bear on the Persian
Government. The Persian Government consider this attitude of His
Majesty's Government as incompatible with the spirit of uprightness and
the desire for peace which should prevail amongst friendly Powers and
members of the League of Nations, and consider themselves within their