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Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937' [381r] (766/1220)
The record is made up of 1 volume (606 folios). It was created in 31 Dec 1936-18 Apr 1939. It was written in English. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
21 —
Article 2.
Subject to the application of the principles of international
law, foreigners shall be subject to Egyptian legislation in criminal,
civil, commercial, administrative, fiscal and other matters.
It is understood that the legislation to which foreigners will
be subject will not be inconsistent with the principles generally ^
adopted in modern legislation and will not, with particular
relation to legislation of a fiscal nature, entail any discrimination
against foreigners or against companies incorporated in accordance
with Egyptian law wherein foreigners are substantially interested.
The immedmtelx, preceding paragraph, in so far as it does
not constitute a recognised rule of international law, shall apply
only during the transition period.
Article 3.
The Mixed Court of Appeal and the Mixed Tribunals now
existing shall be maintained until October 14th, 1949.
As from October 15th, 1937, they shall be governed by an
Egyptian law establishing the Reglement d’organisation judi-
ciaire the text of which is annexed to the present Convention.
On the date mentioned in paragraph 1 above, all cases pending
before the Mixed Tribunals shall be remitted, at the stage which
they have then reached and without involving the parties in
the payment of any fees, to the National Tribunals to be continued
therein until they are finally disposed of.
The period from October 15th, 1937 to October 14th, 1949
shall be known as “ the transition period ”.
Article 4.
The judges, officials and staff of the Mixed Tribunals and
of the Mixed Parquet, who are employed there on October 14th,
1937 shall be retained in office.
Article 5.
The rules to be applied by the Egyptian National Courts
in regard to third party actions shall be the same as those
About this item
- Content
The volume comprises telegrams, despatches, letters, correspondence, memoranda, notes and Parliamentary questions relating to the 1937 Montreux Conference on the abolition of capitulations in Egypt. These capitulations had created extra-territorial jurisdiction for many foreign powers in Egypt, including Britain, France, Italy and Belgium. This negotiation of the revision of the capitulations was one of the provisions of the 1936 Anglo-Egyptian Treaty.
The correspondence in the volume relates mainly to British interests and negotiating issues as well as the difference between British subjects, British protected persons and citizens; errors in some of the drafting and how these mistakes should be rectified, and the process of ratification of the convention by all parties concerned including the Egyptian Government and the governments of the Dominions.
Included in the volume are the following documents:
- a printed copy of the 'Statutory Rules and Orders, 1937 No. 936 FOREIGN JURISDICTION The Egypt Order in Council A regulation issued by the sovereign of the United Kingdom on the advice of the Privy Council. , 1937' (ff 116-139)
- a printed report (ff 295-312) to Secretary of State for Foreign Affairs, Antony Eden, on the proceedings of the Montreux Conference for the abolition of Capitulations in Egypt
- 'Egypt No. 1 (1936) Treaty of Alliance between His Majesty, in respect of the United Kingdom and his Majesty the King of Egypt ... Convention concerning the Immunities and Privleges to be enjoyed by the British Forces in Egypt, London, August 26, 1936' (Cmd. 5270) (ff 574-589)
- 'Instruments signed at Montreux on May 8th, 1937' and 'Report on the Convention regarding the abolition of capitulations ...' (in French and English) (ff 363-435)
- a printed memorandum 'Procedure for Giving Effect to Capitulations: Provisions of Anglo-Egyptian Treaty' (ff 590-601)
The volume features the following principal correspondents: the Secretary of State for Foreign Affairs (Anthony Eden); HM High Commissioner to Egypt and Sudan (Sir Miles Wedderburn Lampson); the Secretary of State for Dominion Affairs, Dominions Office; Under-Secretary of State for Dominion Affairs, Dominions Office; President of the Council of Ministers, Cairo (Mustapha El-Nahas).
The volume includes a divider which gives a list of correspondence references contained in the volume by year. This is placed at the back of the correspondence.
- Extent and format
- 1 volume (606 folios)
- Arrangement
The papers are arranged in rough chronological order from the rear to the front of the volume.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 608; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
- Written in
- English in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/2764
- Title
- Coll 15/3(1) 'Egypt. Abolition of Capitulations in Montreux Conference and Convention 1937'
- Pages
- 362r:362v, 444r:445v, 363r:435v
- Author
- Montreux Conference
- Usage terms
- The copyright status is unknown. Please contact [email protected] with any information you have regarding this item.