!['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.' [‎38r] (84/208)](https://iiif.qdl.qa/iiif/images/81055/vdc_100000000193.0x00017b/IOR_R_15_1_406_0084.jp2/full/!1200,1200/0/default.jpg "'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.' [‎38r] (84/208)")
'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.' [38r] (84/208)
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
This transcription is created automatically. It may contain errors.
maritime law of France does not contemplate
the grant of French papers unless at least half
the vessel is owned by French citizens. In the
"(Jonire- French £< Contre-Memoire " it is said that this
Mdmoire," p. 16. i aw does not apply to the Colonies, and certain of
the laws said to apply to them are given in an
Appendix. This statement does not quite accord
with the opinion expressed by M. Guy, French
Consul at Zanzibar, and quoted at p. 14 of the
British Counter-Case. But assuming M. Guy to
be wrong and the statement in the " Contre-
Memoire" to be accurate, neither Zanzibar nor
Muscat is a French Colony ; and the authority of
the Consul, if it exists, must be derived from
some general administrative discretion, or from
some particular instructions given to him which
have not been included in the French " Memoire "
or <c Contre-Memoire," or from some law which
has not been disclosed. But the Tribunal will
find that the litre granted at Aden in 1891
contains a reference to the Law of 27 Vende-
miaire, an ii, which is the foundation of the
French maritime law and under which half the
vessel must be owned by French citizens. It has
already been pointed out that Article XXXII of
Memoire," p. 91. the Brussels Act affords no warrant for the grant
of titres to native vessels by Consular officers,
because the conditions precedent to such grant
can be satisfied only in a Colony or Protectorate
of the Power which grants the litre. Until
copies of the litres granted to the Siiri Arabs
now in question are produced, it is not possible
to know the statements as to the residence of the
owner upon which they were granted. These
statements would, in any case, require verification.
The grant of protection to individuals is closely
linked with the jrancisation of vessels. France
appears to contend that the latter turns the
captain and crew and their families into French
proteges in globo, and that the former has a like
effect as to the individual and his descendants.
It is not possible to trace in the French "Memoire "
or " Contre-Memoire " any distinct allegation that
any of the Omanis in question are French, either
as citizens born or as naturalized in French terri
tory. It is contended in the French "Memoire '*
" Contre- and " Contre-Memoire " that the terms of Article IV
Mdmoire, p, 27. 0 f ^ Treaty of 1844 include not only domestic
servants, but also—
' les employes, les commissionnaires, les agents de trans
port, tous ceux enfin, en un mot, qui rendent bond fide
" Oontre-
Me moire,"
pp. 96 et seq.
British Case,
p. 49.
Contre-
About this item
- 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 View the complete information for this record
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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.' [38r] (84/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x000055> [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