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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.' [‎34v] (77/208)

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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30
Moslem, with very few Europeans or Christiajas,
and only a few small communities professing
some non-Moslem Eastern religion; and the
persons whom France seeks to protect (unlike
the Banians and Louwatias) are Arabs marked
off from the rest of the Arab population of Oman
only by the fact of the claim to French protec
tion. The chief reason for the existence of
exterritoriality is the difference between Oriental
and European usages ; and in the case of the
Siiri Arabs the raison d'etre of a claim of exterri
toriality is excluded by the facts of their origin,
race, religion," and residence.
Having thus indicated the contention of His
Majesty's Government that Capitulations with
Turkey do not afford any sound foundation for
any argument in favour of France in the case of
Muscat, it is necessary, before dealing with that
part of the French Case which is based on the
French interpretation of the Treaty of 1844, to
dispose of certain references made to alleged «Q ontre .
inconsistency between the British contentions M^moire,"
and British practice.
1. The position of the Khojas or Louwatias has
been fully explained in the British Counter-Case
(pp. 35, 73.) That explanation clearly shows
that these persons, so far from being all incon-
testably subjects of the Sultan, form a distinct
community of Indian origin, and under British
protection if they choose to claim it; and that
British officials have never gone beyond denying
to a Khoja the right to abjure British protection
merely as a means of evading his just debts.
2. In Persia Great Britain protects her Indian
subjects settled there and their descendants to a
limited extent, but this right of protection has
never been exercised in a way inconsistent with
the law of Persia.
The British view as to Persia is best expressed
in the following extract from a despatch by Lord
John Russell to Mr. Alison :—
" Considering the question apart from all questions of
usage, policy, or expediency, but exclusively and strictly
with reference to the principles of international law pre
vailing amongst Christian nations, I have to state to you
that a child of a Persian father born in the Queen's
dominions and returning to Persia will not, whilst in
Persia, be entitled to British protection if (as stated) the
law of Persia considers him a Persian subject by reason of
his Persian descent; and on this principle Syad Abdullah
could not, whilst he remained in Persia, claim, or be

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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.' [‎34v] (77/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x00004e> [accessed 29 March 2024]

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