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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.' [‎33r] (74/208)

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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27
various controversies which have arisen between
Great Britain and France as to the territory and
waters of Zanzibar, because they have, fortunately,
been terminated by the arrangement evidenced by
Appendix 4, p. 44 letters of the 13th and 18th May, 1904.
But His Majesty's Government cannot be con
sidered as admitting that the contentions of
France with respect to Zanzibar were juridically
well-founded, although in a spirit of amity an
adjustment has, in the case of Zanzibar, been
effected which satisfies the aspirations of both
Powers and meets the needs of the situation.
M. Renault's arguments as to the effect on the
status quo ante of the establishment of a Pro
tectorate relate only to Zanzibar, and in no way
affect Oman, which is not a Protectorate.
Before passing from this part of the Case, it is
perhaps well again to point out that the main
point in controversy is not whether France has
any power to police in Oman waters vessels
admittedly French, but whether France, by per
mitting the use of her flag to persons who are
not her subjects nor her proteges, nor within
the immunities given by the Treaty of 1844,
can extend to such persons any immunities she
may possess in Oman. Even assuming that
France had acquired some modified rights in
Oman waters over vessels admittedly French, this
is a very different thing from the claim of exclusive
police in the Sultan's waters by French officials
over any Arab dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. which flies the French flag.
Still more does it differ from the claim which has
hitherto been coupled with it that the owner and
crews of such vessels and their families shall be
exempt when ashore from the Sultan's jurisdiction.
The true international rule on this subject is
well stated in the decision of the United States'
Supreme Court, of which an extract is given in
Appendix, p. 5.

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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.' [‎33r] (74/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x00004b> [accessed 28 March 2024]

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