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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎52r] (103/122)

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. .

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previously have had in international law. In this connexion,
Lord Zetland will recollect that the view expressed in paragraph
4 of* Sir John Simon 1 s despatch of the 6 th November, 1933, to
His Majesty* s Minister at Tehran (see Foreign Office letter
No. E 2433/1622/34 of the 24th November 1933) was that there
was no juridical connexion between the treaty and the ’'Safeguards 11
note in the sense that the duration of one is governed by the
other. This view has been repeated more recently in the semi
official letter of the 29th May last (see Foreign Office letter
No. E 3890/385/34 of 29th July) to which Mr. Butler refers.
Mr. Eden still holds 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 i»he
same paragraph of the above-mentioned despatch of 6 th ^.lOvemoer,
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 v/hat it is worth, is 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. Mr. Eden is therefore advised that the termination
of the Tariff Autonomy Treaty does not affect the validity of
the ’’Safeguards”, and that no real inconsistency exists between
the views which have from time to time been expressed by the
Foreign Office upon this question.
9./

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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
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Coll 28/96 ‘Persia. Judicial. Persian law regarding smuggling. Position of foreigners.’ [‎52r] (103/122), British Library: India Office Records and Private Papers, IOR/L/PS/12/3502, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100054934526.0x000068> [accessed 29 March 2024]

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