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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.' [‎32v] (73/208)

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. .

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26
but its articles do not contain any express
provision as to French vessels in territorial waters,
or excluding the right of police by the Sultan, and
do not give any colour to any theory of exemption
from visit. Such an exemption would be incon
sistent with the right to enforce the Revenue,
Customs, and quarantine laws of Oman, for which
purposes it is essential to board and examine
vessels entering at Oman ports ; and it can hardly
be regarded as a necessary part of a Treaty to
facilitate commerce that smuggling by the ships
of a foreign State or disregard of quarantine
should be made easy.
M. Renault, after dealing somewhat lightly
with the exact wording of the Treaty of 1844,
devotes a great part of his opinions to arguments
based partly on views of French national policy
or the manifest intention (" esprit manifeste")
of the Treaty, but mainly on allegations of
established usage, which, in his view, interpret
or supplement the Treaty in a manner harmoni
zing with the French contentions. The state
ments of facts and the diplomatic documents to
which he refers relate wholly and solely to
Zanzibar, and not a single fact is stated with
reference to the express or tacit admission in
Oman of the existence in favour of France of
the exclusive right of surveillance over French
vessels in Oman waters.
The French Treaty of 1844 applied to Oman
and Zanzibar as a single State for twelve years,
until the separation of the two territories into
distinct States in 1856. Thenceforth it was
recognized by the Sovereigns of the two States
as applying to each State separately. Nothing
that happened between France and Zanzibar
between 1856 and 1905 can be construed as
binding the Sultan of Muscat either as matter of
usage, concession, or interpretation of the Treaty.
The earlier Colonies in the Indian Ocean pos
sessed by France were near Zanzibar and far
from Muscat, and France had so little concern
with Oman that it was not until 1894 that she
installed a Vice-Consul there, or instituted any
Court in which any person claiming to be her
protege could be dealt with j udicially. Nor is there
any trace in the French " Memoire " or " Contre-
Memoire " of any grant of French flags to Muscat
vessels before 1891, or of any exercise by France
of rights of police in Oman waters before that date.
It is unnecessary to deal in detail with the

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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.' [‎32v] (73/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x00004a> [accessed 29 March 2024]

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