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Coll 15/1 'Egypt Affairs: General Situation 1931; Anglo-Egyptian Treaty, 1936' [‎16v] (33/493)

The record is made up of 1 file (246 folios). It was created in 15 May 1931-10 Dec 1947. It was written in English. 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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12
criteria of sovereignty are. Though
sovereignty is an every-day term in
international law, international lawyers
seldom agree exactly on the definition of
sovereignty itself. In particular there is
a School A which regards the sovereign
as being the owner of the ultimate title
as opposed to the owner of the immediate
rights of administration and a School B
which holds that the sovereign is the
person internationally responsible at the
moment. Thus in the case of a leased
territory, some lawyers hold that the
sovereign is the lessor, and others that he
is the lessee; yet there is no difference as
to the actual position of the leased terri
tory. In the case of the Sudan, School B
holds that the sovereignty is divided
because the administration is divided.
On the view of School A the position is
more complicated and depends on—
“ {a) Whether Egypt ever lost sove
reignty over the Sudan before
1890; and
“ (b) If so, whether the re-conquest is
to be regarded as an operation
to re-establish Egyptian sove
reignty or to establish a new
position of joint sovereignty.
“ In the treaty under negotiation, the
United Kingdom are not concerned in
theoretical questions, and refuse to
commit themselves to any statement in
the treaty about sovereignty over the
Sudan which would inevitably be mis
understood and create more political
difficulties than it would solve.
“ Consequently they are not prepared
to do more than in 1936, viz., to say that
nothing in the new treaty prejudices the
question of sovereignty; a formula
which, so far as the United Kingdom is
concerned, neither admits nor denies
Egyptian sovereignty and enables the
Egyptians if they so desire to say outside
the treaty that they consider themselves
the sovereigns.
“ Our task is to deal with practical
matters, viz., what should be put in the
treaty about the future of the Sudan, a
matter of practical interest to the Sudan
as well as to the United Kingdom and
Egypt. We stand by our policy that the
governing factors must be-—
(a) the interests of the Sudanese, and
(b) the wishes of the Sudanese,
and are proposing machinery for ascer
taining what are the wishes, and perhaps
also the interests, of the Sudanese, with
a view of forming a basis on which the
interests of the Sudanese shall ultimate]^
be decided.”
36. In the course of the endeavours of
the King and the Egyptian Ambassador
in London to force a settlement in August,
the idea was strongly canvassed of dealing
with the Sudan outside the treaty by nmans
of notes in which each party would r *rd
his own point of view on the sovereignty
issue, and actual discussion would be post
poned until after signature had taken
place. This idea was finally rejected by
the Egyptian Delegation, who insisted on
the recognition of Egyptian sovereignty in
the treaty itself. In the course of these
discussions emphasis was laid on the
necessity of safeguarding Egypt’s perman
ent interests such as her dependence on
the river Nile. It had become evident by
this time that the Sudan was likely to be
the most crucial of all the questions in
dispute, and that the sovereignty issue
could not be avoided altogether. Accord
ingly, after further deliberation, a fresh
draft was communicated to the British
Delegation early in September for presen
tation to the Egyptians, in the following
terms:—
(Sudan) Protocol
(1) The high contracting parties agree
that their primary policy in the
Sudan shall continue to be the
welfare of the Sudanese and the
active preparation of the Sudanese
for self-government.
(2) As soon as this latter objective is
attained, the Sudanese people shall
be free to decide their future. It is
understood that if the Sudanese
should decide in favour of indepen
dence, suitable agreements shall be
made between Egypt and the Sudan
with regard to the development and
utilisation of the waters of the Nile
for the greatest benefit of the
Egyptian and Sudanese peoples and
with regard to the other material
interests of Egypt in the Nile
Valley.
(3) Meanwhile the administration of the
Sudan shall continue to be exercised
in accordance with the condominium
agreements of 1899 and article 11
of the Treaty of 1936.
(4) The Egyptian Government declare
that the preceding provisions of this
Protocol do not prejudice the claim
of His Majesty the King of Egypt
to be the Sovereign of the Sudan.
The Government of the United

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Content

The file comprises telegrams, despatches, correspondence and government printed papers. On the front of the file is written in red ink 'Secret Cupboard'.

The correspondence concerns the general situation in Egypt in the periods 1931-1937 and 1945-1947. Correspondence also discusses the issues relating to the negotiation and conclusion of the Anglo-Egyptian Treaty 1936, including:

  • negotiating points
  • concessions
  • capability of the Egyptian army
  • location of British military facilities
  • the significance of the Suez Canal as an 'artery of communication' for the British empire

The main correspondents include: the Secretary of State for Dominion Affairs; the Prime Minister of the Commonwealth of Australia; the Minister of External Affairs, Union of South Africa; and HBM High Commissioner to Egypt and the Sudan (Sir Miles Lampson).

The file includes a divider which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence.

Extent and format
1 file (246 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 246; 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.

Written in
English in Latin script
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Coll 15/1 'Egypt Affairs: General Situation 1931; Anglo-Egyptian Treaty, 1936' [‎16v] (33/493), British Library: India Office Records and Private Papers, IOR/L/PS/12/2762, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100043038405.0x000024> [accessed 29 March 2024]

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