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'File 8/65 VI RENEWAL OF COMMERCIAL TREATY 1939' [‎16r] (31/52)

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The record is made up of 1 file (24 folios). It was created in 6 Aug 1948-19 Nov 1949. 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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SECRET
NO.D.79C-AA/49
Government of Pakistan,
Ministry of Foreign Affairs &
Commonwealth Relations,
KARACHI.
5th April, 1949.
By Dear Burnett,
Will you kindly refer to Sir Laurence Grafftey Smith's
demi-official letter No.283 dated the 2Cth December 1948 to
Ikramullah on the subject of Pakistan's accession to the fcuscot
Treaty of 1939?
2. We have examined this question again and are advised
that according to the principles of International Law applicable
to such cases Pakistan must be regarded as having succeeded to
the rights and obligations under the Muscat Treaty of 1939 by
subrogation. Under the circumstances no revision of our
previously held view would appear to be called for. No action,
therefore, need be taken by His Majesty's Government in the United
Kingdom in regard to•Pakistan's accession to the Muscat Treaty of 1-39
as Pakistan continues to be a party to that treaty by virtue of
Article 4 of the Schedule to the Indian Independence (International
Arrangements) Order 1947. If necessary this may be explained to
His Highness the Sultan of Muscat.
3 You may be interested to know that there are many Inter
national Conventions and Treaties of which Pakistan continues to
be a party in accordance with the provisions of Article 4 of the
Schedule to the Indian Independence (International Arrangements)
Order 1947, some of which are:-
(i) The International Convention on Narcotic Drugs.
(ii) The International Convention on Statistics.
(iii) The International Load Line Convention.
(iv) The International Sanitary Conventions of 1932 & 1938
(v) The Peace Treaties with Italy, Roumania, Bulgaria,
Finland and Hungary.
Yours sincerely,
Signed: AKHTAR HUSAIN
:.R. Burnett, Esq., ^ .
•eputy High Commissioner for the U.K. in Pakistan,

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Content

This file relates to the renewal of the Commercial Treaty between Britain and Muscat. The original treaty of 1891 was given a term of twelve years, which was extended at regular intervals afterwards, initially for several years at a time and later on an annual basis. In 1939 a replacement treaty was signed between the two parties.

The file concerns the impact on the new treaty of the recent constitutional changes in India and Pakistan. The correspondence covers the following: the appointment of consuls by the British Government on behalf of India (as stipulated in the 1939 treaty), and whether this arrangement will continue once India becomes a republic; the question of whether the new dominion of Pakistan automatically remains a party to the treaty; the Sultan of Muscat and Oman's [Sa‘īd bin Taymūr Āl Bū Sa‘īd] intention not to renew the treaty, which is due to expire in February 1951.

The file features the following correspondents: the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. and Consul, Muscat; the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; the United Kingdom's High Commissioner for India; officials of the Foreign Office and the Government of Pakistan.

Included with the correspondence is a copy of an order issued by Governor-General Mountbatten of Burma [Louis Mountbatten, 1st Earl Mountbatten of Burma] on 14 August 1947 – an agreement regarding the devolution of international rights and obligations upon the dominions of India and Pakistan

Extent and format
1 file (24 folios)
Arrangement

The papers are arranged in approximate chronological order from the front to the rear 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 26; 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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'File 8/65 VI RENEWAL OF COMMERCIAL TREATY 1939' [‎16r] (31/52), British Library: India Office Records and Private Papers, IOR/R/15/6/258, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100057750595.0x000020> [accessed 29 March 2024]

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