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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.' [‎87r] (192/208)

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.

Transcription

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this Act was not in contradiction with any international obligation
of France,
FOR THESE REASONS,
decides and pronounces as follows :
1°. before the 2ad of January 1892 France was entitled to authorize vessels belonging
to subjects of His Highness the Sultan of Muscat to fly the French flag, only
bound by her own legislation and administrative rules;
2°. owners of dhows, who before 1892 have been authorized by France to fly the
French flag, retain this authorization as long as France renews it to the grantee;
3°. after January 2, 1892 France was not entitled to authorize vessels belonging to
subjects of His Highness the Sultan of Muscat to fly the French flag, except on
condition that their owners or fitters-out had established or should establish that
they had been considered and treated by France as her "proteges" before
the year 1863;
AS TO THE 2ND QUESTION:
Whereas the legal situation of vessels flying foreign flags and of the
owners of such'vessels in the territorial waters of an Oriental State is
determined by the general principles of jurisdiction, by the capitulations
or other treaties and by the practice resulting therefrom.
Whereas the terms of the Treaty of Friendship and Commerce
between France and the Iman of Muscat of November 17, 1844 are,
particularly in view of the language of article 3 "Nul ne pourra, sous aucun
pr6texte, p6netrer dans les maisons, magasins et autres propri6t6s, possed6s
ou occup^s par des Frangais ou par des personnes au service des Frangais,
ni les visiter sans le consentement de I'occupant, k moins que ce ne
soit avec Tintervention du Consul de France", comprehensive enough
to emb race vessels as well as other pro perty.
Whereas, although it cannot be denied that by admitting the right
of France to grant under certain circumstances her flag to native vessels
and to have these vessels exempted from visitation by the authorities
of the Sultan or in his name, slave trade is facilitated, because slave
traders may easily abuse the French flag for the purpose of escaping
from search, the possibility of this abuse, which can be entirely-
suppressed by the accession of all Powers to article 42 of the Brussels
Convention, cannot affect the decision of this case, which must only rest
on juridical grounds,
Whereas according to the articles 31—41 of the Brussels Act the

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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.' [‎87r] (192/208), British Library: India Office Records and Private Papers, IOR/R/15/1/406, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100024085266.0x0000c1> [accessed 21 August 2019]

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