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Coll 28/51 ‘Persia. Relations with H.M.G. Treaty negotiations: Article regarding private claims.’ [‎15r] (29/357)

The record is made up of 1 file (176 folios). It was created in 13 Apr 1932-28 Dec 1936. 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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2 .
.
those acted upon on this case, and that the decisions
of British Courts of Prize undoubtedly bear a strong
impress of the desire to justify by such grounds of
logic as may be discovered the actions at sea of a
country which has always tended to rely on preponderant
sea power for the enforcement of its politices. In my
opinion there must be very serious doubt whether the
decision of one of our prize Courts in any case, and in
particular in the case now umer consideration, would be
held justified by an International Court. In this
connection it may not be without interest to refer to the
concluding words of the preface to Professor Yerzijl’s
work on Prize Law in the Great >/ar; "This jurisprudence
includes decisions of such illegality that, faced with
them, no neutral can remain silent". Objection was raised
to many decisions of the Prize Courts on the ground of
unfairness and injustice, and to agree now generally to
review any one decision might lead to pressure which it
would be difficult to resist to review others.
With regard to the second question now put to me,
the issue of the prize Court proceedings would appear
sufficiently to show that the detention of the vessel
at Bombay during the weeks preceding the outbreak of
war was a matter irrelevant to those proceedings, that
is a question so connected with the constitution and
jurisdiction of the Prize Court that I find it difficult
to imagine that it is one which could be submitted to
review by an International Court, since the constitution
of Prize Courts is a matter depending on the policy of
the Government setting them up. That the alleged
detention/

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Content

Correspondence and other papers relating to the drafting of an article for the Anglo-Persian Treaty, concerning private claims made against the British and Persian Governments. The correspondence concerns: the exclusion from the article of British Indian claims; an agreement by both parties to not pursue certain claims arising from the ‘exceptional circumstances obtaining during the [First] world war’ (f 155); general treaty instructions from the 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. , sent to the British Legation in Tehran; details of an historic claim for approximately £900,000, made against the British Government by a Persian subject named Socrates Atychides, whose ship, the Kara Deniz , was detained and declared as prize at Bombay [Mumbai] in 1914; a printed copy of a general review of British claims against Persia, prepared by Hugh Ritchie, formerly of the Foreign Office. Ritchie’s review includes indexes to supplementary volumes (not included in the file) entitled Persia (Legation Claims) , Persia: Consulate Claims (Peace-Time), and Persia: Consulate Claims (War-Time) (ff 22-51). The indexes are lists of British claimants.

Principal correspondents in the file include: John Charles Walton and John Gilbert Laithwaite of the 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. ; George William Rendel and Christopher Frederick Ashton Warner of the Foreign Office; W R L Trickett of HM’s Treasury.

The file contains a single paragraph of French text: a draft of the claims article submitted by the Government of Persia (f 168).

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 (176 folios)
Arrangement

The papers are arranged in approximate 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 178; 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. A previous foliation sequence, which is also circled, has been superseded and therefore crossed out.

Written in
English and French in Latin script
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Coll 28/51 ‘Persia. Relations with H.M.G. Treaty negotiations: Article regarding private claims.’ [‎15r] (29/357), British Library: India Office Records and Private Papers, IOR/L/PS/12/3456, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100046162934.0x000020> [accessed 19 April 2024]

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