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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.' [‎82v] (177/208)

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.

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10
CAPITULATIONS AND EXTERRI
TORIALITY.
His Majesty's Government cannot accept the "Conclusions
theory propounded under this head of the " Con- ^ 0 ^P , ^ rneiltaires '
elusions Complementaires," that there is as
between Christian and Mahommedan States any
"regime des Capitulations" apart from agreement.
No Power has or can have any jurisdiction within
the territory of another Power, except by the
consent of the latter. That consent may be
evidenced by formal Treaties or Capitulations
or by long continued usage, but the principle is
the same in both cases. Any such powers can be
exercised in the very nature of things only
with the consent of the Government of the
country in which they are claimed.
The extent of the privileges of this nature
enjoyed by foreign Powers differs greatly in
different countries. There is no such thing as a
general usage as to a " regime des Capitulations.
The "regime des Capitalations " can have refer
ence only to the terms which have been conceded
by the Government of each particular country in
which it is claimed.
It is contended in the penultimate paragraph "Conclusions
of the "Conclusions Complementaires" under
this head that reference may be made to "usages
etablis " for the purpose of ascertaining the rights
of exterritoriality enjoyed by an occidental Power
within the dominions of an oriental Power.
This is true if it refers to the usages which have
grown up in that particular country in favour
of the Power claiming the immunities; but is
absolutely fallacious if it is meant to refer to a
general body of usages capable of application to
all such countries.
His Majesty's Government would also remind
the Tribunal that France invokes her theory of
Capitulations in order to justify protection not
of Christian Europeans, but of Mussu lm an
Omanis.
The incident with reference to the Portuguese
barque the "Aurora," which was engaged in
canying contraband into Morocco appears to be
quite irrelevant to the matters under discussion,
and it amounts merely to this, that the Government
of Morocco conceded to the Portuguese Govern-

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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 Historically used by the British to refer to the sea area between the Arabian Peninsula and Iran. Often referred to as The Gulf or the Arabian Gulf. 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.' [‎82v] (177/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x0000b2> [accessed 21 August 2019]

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