"التنازلات. ماهيتها، وما تأثير إلغائها على وضع الرعايا البريطانيين في تركيا، وعلى مصالحهم وحرياتهم، وعلى التجارة البريطانية بشكل عام." [و‎‎٦] (٢٨/١١)

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“ An answer to the question. What was and is the legal effect of
the Capitulations? I may begin by quoting a good summary of the law
on the subject approved by His Majesty s Privy Council.—Lord Watson says,
in the case of Abd-ul-Messih v. Farra, 13 App. Cas. 440 :
‘The legal condition of foreigners resident in Turkey, who are exempted
by Treaty from the jurisdiction of its local courts, is very well described
by Feraud-Giraud (Jurisdiction frangais, vol. ii, p. 58), one of the authorities
referred to by the appellant’s counsel. They form, according to the view
of that learned writer, an anomalous ex-territorial colony of persons of different
nationalities, having unity in relation to the Turkish government, but altogether
devoid of such unity when examined by itself; the consequence being that
its members continue to preserve their nationality, and their civil and political
rights, just as if they had never ceased to have their residence and domicile
in their own country.’ , ,
“ The proposition here laid and adopted by Lord Watson that the
members of the ex-territorial colony of foreigners preserve their nationality
and their civil and political rights just as if they had never ceased to have
their residence and domicile in their own country is indisputable
"With reference to the remark regarding this ex-territorial colony ot
foreigners,’ it should be noted that as the Capitulations with all countries
contain the most favoured nation clause they constitute a body of treaties
which exist between the Porte and foreign states and accrue for the beneht
of all European states, and the whole body of Capitulations thus form a
code for what Feraud-Giraud properly calls the ex-territorial colony ot
foreigners in Turkey.’ . , „
An Ottoman semi-official organ announces that the bpecial Commission
appointed to study the new regime created by the abrogation of the Capitulations
has not found it advisable that the Ottoman Courts should judge the personal
actions of foreigners and apply to them the existing Ottoman Laws, and
it has advised that the Consular Courts should continue to judge and decide
such actions until such time as new laws be elaborated establishing a procedure
similar to that existing in Europe. The view of the Commission is said
to have been approved by the Council of Ministers. We have no detailed
and accurate information as yet as to this judicial side of the question.
It is difficult also at this moment to state what will be the effect ot
the above measures on the commercial development of Turkey, or on the
foreigner engaged in trade or resident in this country. There will in future
be no distinction in fiscal matters between the relations of the Porte towards
its own subjects and the relations of the Porte towards foreigners whilst
Turkey will obtain complete liberty with regard to the imposition of taxes
on foreigners and the taxation of imports, or establishments of monopoliw, &c.
The result will depend on the manner in which the Government of Turkey
in the capital and the provinces make use of their newly acquired independence.
LETTER TO THE NEAR AND MIDDLE EAST ASSOCIATION FROM
THE BRITISH CHAMBER OF COMMERCE OF TURKEY AND
THE BALKAN STATES (Inc.). .
Constantinople,
September 16th, 1922.
Major-General Lord Edward Gleichen, K.C.V.O., C.M.G., D.S.O.,
Near and Middle East Association,
London.
Sir
’ The attention of the Council of the Chamber has been called to the
formation of an association of prominent Englishmen and Members of Parliament
under the name “The Near and Middle East Association.