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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.' [‎85v] (189/208)

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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Whereas in virtue of that Compromis were named as Arbitrators,
by the Government of His Britannic Majesty:
Mr. Melville W. Fuller , Chief Justice of the United States of
America, and
by the Government of the French Republic:
Jonkheer A. F. be Savornin Lohman , Doctor of Law, former
Minister of the Interior in the Netherlands, former Professor at the free
University at Amsterdam, Member of the Second Chamber of the States-
General,
Whereas the two Arbitrators not having agreed within one month
from the date of their appointment in the choice of an Umpire, and
that choice having then been intrusted in virtue of article 1 of the
Compromis to the King of Italy, His Majesty has named Umpire:
Mr. H. Lammasch , Doctor of Law, Professor at the University at
Vienna , Member of the Upper House of the Austrian Parliament,
Whereas the Cases, Counter-Cases and Arguments have been duly
communicated to the Tribunal and to the Parties ,
Whereas the Tribunal has carefully examined these documents, and
the supplementary observations which were delivered to it by the two
Parties;
AS TO THE FIRST QUESTION:
Whereas generally speaking it belongs to every Sovereign to decide
to whom he will accord the right to fly his flag and to prescribe the
rules governing such grants, and whereas therefore the granting of the
French flag to subjects of His Highness the Sultan of Muscat in itself
constitutes no attack on the independence of the Sultan,
Whereas nevertheless a Sovereign may be limited by treaties in the
exercise of this right, and whereas the Tribunal is authorized in virtue of
article 48 of the Convention for the pacific settlement of international disputes
of July 29, 1899 and of article 5 of the Compromis of October 13^ 1904 "to
declare its competence in interpreting the compromis as well as the
other treaties which may be invoked in the case, and in applying the
principles of international law", and whereas therefore the question arises,
under what conditions Powers which have acceded to the General Act of

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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.' [‎85v] (189/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x0000be> [accessed 26 April 2024]

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