ملف ١٩٢٨/٤٥٣٥ الجزء ١٧ "الخليج الفارسي. إزالة المقيمية البريطانية من بوشهر." [و‎‎٢‎٣‎٧] (٥٧٠/١١)

absence of any provision for its revival in the Peace Treaty of
1367. In general, the nation whether a given bilateral treaty
between two States is annulled by a subaeauent war between then
is one of great difficulty, as the rules of international law on
this point are not clearly defined. It la universally agreed that
there are some treaties which are brought to an end by the
outbreak of war, and that there are others which are not brought
to an end by the outbreak of war; but there is no agreement as
to the rules which should determine into which claas given
treaties fall. Commercial treaties, however, are generally
considered as a class of treaties which the parties Intended not
to survive the outbreak of war between them unless they used
language which made the contrary intention apparent. The Anglo-
xersian Treaty of 1841 is a commercial treaty, and would
therefore belong to the class of treaties which wauld generally
oe regarded as annulled by the subsequent outbreak of war between
Great Britain and Persia; and so far from the text of this
treaty showing any contrary intention, there is every indication
that it falls under the ordinary rule. The preamble shows that
it was to be "annexed and ^united” to a previous "Treaty of
‘ and Attachment", that is, it was to be considered as a
part of the friendly relations so established. Moreover, the
subsequent Treaty of Peace of 1867, in Article 9, contains a
special provision with regard to the establishment and recognition
of Consuls and Consuls-General; this appears to show that the
parties must have held at the time of its conclusion that the
previous arrangements between the® relating to the establishment
, "’ A X
of consular o £iecrs were not still In force, and tiie provisions of
the 1841 Treaty regarding the British Resident at Bushire are of a
very