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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [36r] (71/122)
The record is made up of 1 file (59 folios). It was created in 29 Dec 1936-17 Feb 1938. 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. .
Transcription
This transcription is created automatically. It may contain errors.
r
semi-official letter of the 1st October, 1936, to Ur.
Bafgallay, (Ho. 231/6/36), that the expiry of the Tariff
Autonomy Treaty has tended to deprive the "Safeguards ’ 1 of
any validity which they may previously have had in
international law. In this connexion it will be remembered
that the view expressed in paragraph 4 of Sir John Simon’s
despatch No. 451 of the 6 th November, 1933, to Mr. Mallet,
was that there is no juridical connexion between the Treaty
and the "Safeguards"note in the sense that the duration of
the one is governed by the other. This view has been
repeated more recently in Mr. Baggallay’s semi-official
letter to Mr. Butler of the 28th May, 1936, to which
Mr. Butler refers. I am still advised that this view is
correct and that the continuance in force of the treaty is
consequently not an essential condition for the continued
validity of the "Safeguards". But this does not exclude
the possibility, contemplated in the same paragraph of the
above-mentioned despatch of the 6 th November, 1933, that
the one was part of the consideration for the other. It
is possible to undertake an obligation of indefinite
duration in return for a service which may (or can) be
performed once and once only. In the present case the
theoretical argument, for what it is worth, would be that
the Persian Government, in return for the grant of tariff
autonomy at the end of eight years, undertook for an
indeterminate period to treat British subjects according
to a certain code. Moreover no stipulation exists, either
in the text of the treaty or in the "Safeguards" note, to
the effect that the obligations undertaken in those two
instruments should have the same duration. The termination
of/
About this item
- Content
Correspondence concerning the compatibility of legal safeguards in relation to the expiration of the Tariff Autonomy Treaty, agreed between the British and Persian Governments on 10 May 1928, and a new law passed by the Government of Iran in 1936 that authorised the use of the death penalty against armed smugglers, as well as their trial by military court (i.e. behind closed doors). An English translation of the law is included in the file (f 58). The file’s principal correspondents are: HM Envoy Extraordinary and Minister Plenipotentiary A diplomatic representative who ranks below an ambassador. The term can be shortened to 'envoy'. at Tehran, Horace James Seymour; the British Counsellor at the Legation in Tehran, Nevile Montagu Butler; and the Foreign Office. Correspondence includes: concerns raised amongst various British Government officials over the new law; a letter detailing concerns about the new law, sent by Seymour to the Iranian Minister for Foreign Affairs, Enayatollah Samiy (ff 26-28). A letter sent by Butler to the Foreign Office, dated 1 October 1936, contains an extract of French text: a portion of a memorandum written by the Armenian lawyer Raphael Aghababoff (ff 54-57).
- Extent and format
- 1 file (59 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 front cover with 1, and terminates at the inside back cover with 61; 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 and French in Latin script View the complete information for this record
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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [36r] (71/122), British Library: India Office Records and Private Papers, IOR/L/PS/12/3502, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100054934526.0x000048> [accessed 18 April 2024]
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/3502
- Title
- Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’
- Pages
- front, front-i, 2r:57v, 59r:60v, back-i, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence