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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.' [‎33v] (75/208)

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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.'
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Ref: IOR/R/15/1/406

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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S8
THE CAPITULATIONS AND EXTERRI
TORIALITY.
A considerable portion of the Frencb. Counter-
Case (pp. 39 et seq.) is taken np by arguments tbat
the " regime des Capitulations " applies to Muscat.
. These arguments, except so far as they are based
on Treaties with the Sultan, or established usage
in his dominions, are an attempt to import into
the relations of France with Oman usages which
may exist between France and other Oriental
States.
It is acknowledged that Capitulations and
Treaties or Conventions creating exterritoriality
are exceptional and contrary to the ordinary rules
of public international law, and that the excep
tions arise from particular sanctioning documents
or concessions from the Sovereign of the country
to which they apply. As a general rule, there
fore, in order to ascertain to what extent the
territorial Sovereign is excluded from jurisdiction
over the subjects or proteges of another Power,
it is necessary to examine the Treaties, and, if
need be, the usage in force between the territorial
Sovereign and the other Power concerned, and it
is rarely, if ever, of value to refer to the Capitu
lations existing with other Powers.
Although, where several Powers have with an
Oriental State Treaties giving exterritorial juris
diction couched in somewhat different terms, but
containing a most-favoured-nation clause, it may,
as in the present case (see ante, p. 5), be necessary
to examine all such Treaties in order to determine
the exact limits of the extra-territorial jurisdiction
conceded, it is never admissible to contend that
because one Oriental Power has conceded a
particular and wide exterritorial jurisdiction, ^a
similar concession should be read into Capitu
lations made with another Oriental Power; nor
can any argument be drawn from usage in
the ease of one Oriental Power to establish the
existence of any such usage in the case of another
Power.^
• '• En thfcse g^n^rale, il faut reconnaitre qu'en pareille
matiere il pent j avoir des questions d'esp^ce suivant la
nature des Protectorats, et, encore, suivant les engagements
des proteges et des protecteurs en vers les autres nations."—
M. Barbey, " Coutre-Memoire," p. 213.

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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.' [‎33v] (75/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x00004c> [accessed 23 April 2024]

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Reference
IOR/R/15/1/406
Title
'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.'
Pages
front, back, spine , edge, head, tail, front-i, 1r:1v, 1ar:1av, 2r:50v, 50ar:50av, 51r:59v, 59ar:59av, 60r:84v, 84ar:84cv, 85r:93v, back-i
Author
East India Company, the Board of Control, the India Office, or other British Government Department
Usage terms
Open Government Licence