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'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎20v] (49/208)

The record is made up of 1 volume (102 folios). It was created in 1904?-1905?. It was written in English and French. 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

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2
France does not assist lier case by the manner
in which motives are imputed to Great Britain
or to the British anthorities in India (" Contre-
M&moire," p. 51). His Majesty's Government do
not propose to recriminate by any inquiry into
the policy of France with respect to the coast
of Arabia, and are content to examine the
acts and claims of France with respect to the
Treaty of 1844, the Declaration of 1862, and the
Brussels Act of 1890, by reference to the con-
veptional rights and duties arising from these
documents and to the rules of international law.
They will confine themselves to the task of laying
before the Tribunal what would appear, according
to international law and the terms of those docu
ments, to be the due appreciation of the correct
ness and effect of these claims.
It is stated in the Preface to the French
" Contre-Mdmoire" (p. 1) that the French
" Memoire "—
"a d^montre enfin que la France n'a jamais cessd dans ses
rapports avec I'lmanat d'observer I'esprit, comnie la lettre,
de la Declaration du 10 Mars, 1862. Cette derni^re
question est en rdalit^ la seule qui devait etre soumise au
present arbitrage."
It has already been pointed out in the British
Counter-Case (p. 2) that the "Compromis" sub
mits to the Tribunal no such general question
as above stated. On perusal of the terms of British Case, p. 2.
the " Compromis" and of M. Cambon's letter
printed at p. 80 of the French " Contre-
Memoire," it will [be clearly seen that no
general inquiry is intended as to whether Great
Britain or France have respected the mutual
Declaration of 1862, but a particular inquiry as
to whether the grant by France of her flag to
subjects of the Sultan is consistent with the
Declaration, and as a necessary incident of such
inquiry, to ascertain what immunities France
claims to attach, within the Sultanate of Muscat,
to the possession of the French flag by the
Sultan's subjects.
In view of the too frequent digressions from
the true issue in the French " Memoire " and
" Contre-Memoire," His Majesty's Government
cannot refrain from pressing urgently on the
Tribunal the true nature of the issues submitted
and the desirability of confining the arguments
and conclusions to these issues.

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Content

This file consists of a number of printed reports relating to the arbitration over the granting of French flags to Muscat dhows:

  • A printed report in 1904 by the Office of the Superintendent of Government Printing, India, relating to the arbitration on the issue of French flags to Omani dhows. An agreement between Britain and France in 1862 committed both governments to respect the independence of the Sultan of Muscat.
  • Reply on behalf of the Government of His Britannic Majesty to the Supplementary Conclusions, presented on behalf of the Government of the French Republic and admitted by the tribunal on July 25, 1905.
  • The verdict (in French) of the arbitration tribunal.
  • Treaty Series (No. 3, 1905) - Agreements between the United Kingdom and France referring to arbitration the question of the grant of the French flag to Muscat Dhows.
  • The section on the geography of Oman (ff 58-59A) discusses the French claim with reference to Kiepert's map of 1850. Includes a sketch map of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. and Arabian Coast (folio 91A).
Extent and format
1 volume (102 folios)
Physical characteristics

Description: The foliation sequence commences at the title page and terminates at the last folio; 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. Foliation errors: 1, and 1A; 50, and 50A; 59, and 59A; 84, and 84A-C; 88, and 88A; 91, and 91A. Pagination: A number of original typed pagination sequences are also located in the file.

Written in
English and French in Latin script
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'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎20v] (49/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x000032> [accessed 29 March 2024]

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