AGREEMENTS between Great Britain and France, referring to Arbitration the Question of the Grant of the French Flag to Muscat Dhows.-Signed at London, October 13, 1904, and January 13, 1905.* [Ratifications of this Agreement exchanged at London, WHEREAS the Government of His Britannic Majesty and that of the French Republic have thought it right, by the Declaration of the 10th March, 1862,† "to engage reciprocally to respect the independence" of His Highness the Sultan of Muscat ; And whereas difficulties as to the scope of that Declaration have arisen in relation to the issue, by the French Republic, to certain subjects of His Highness the Sultan of Muscat of papers authorizing them to fly the French flag, and also as to the nature of the privileges and the immunities claimed by subjects of His Highness who are owners or masters of dhows and in possession of such papers or are members of the crew of such dhows and their families, especially as to the manner in which such privileges and immunities affect the jurisdiction of His Highness the Sultan over his said subjects; The Undersigned, being duly authorized thereto by their respective Governments, hereby agree that these questions shall be determined by reference to arbitration, in accordance with the provisions of Article I of the Convention concluded between the two countries on the 14th October last, and that the decision of The Hague Tribunal shall be final. It is also hereby agreed as follows: ART. I. Each of the High Contracting Parties shall nominate one Arbitrator, and these two Arbitrators shall together choose an Umpire; if they cannot agree within one month from the date of their appointment the choice of an Umpire shall be intrusted to His Majesty the King of Italy. The Arbitrators and the Umpire shall not be subjects or citizens of either of the High Contracting Parties, and shall be chosen from among the members of The Hague Tribunal. II. Each of the High Contracting Parties shall, within three months from the signature of this Agreement, deliver to each member of the Tribunal hereby constituted, and to the other Party, a written or printed Case setting forth and arguing its claims, and * Signed also in the French language. + Vol. LVII, page 785. + Vol. XCVI, page 35. a written or printed file containing the documents or any other evidence in writing or print on which it relies. Within three months of the delivery of the above-mentioned Cases, each of the High Contracting Parties shall deliver to each member of the Tribunal, and to the other Party, a written or printed Counter-Case, with the documents which support it. Within one month after the delivery of the Counter-Cases, each Party may deliver to each Arbitrator and to the other Party a written or printed Argument in support of its contentions. The time fixed by this Agreement for the delivery of the CounterCase and Argument may be extended by the mutual consent of the High Contracting Parties. III. The Tribunal will meet at The Hague within a fortnight of the delivery of the Arguments. Each Party shall be represented by one Agent. The Tribunal may, if they shall deem further elucidation with regard to any point necessary, require from either Agent an oral or written statement, but in such case the other Party shall have the right to reply.. IV. The decision of the Tribunal shall be rendered within thirty days of its meeting at The Hague, or of the delivery of the statements which may have been supplied at its request, unless, on the request of the Tribunal, the Contracting Parties shall agree to extend the period. V. On all points not covered by this Agreement, the provisions of the Convention of The Hague of the 29th July, 1899,* shall apply. Done in duplicate at London, the 13th day of October, 1904. (L.S.) LANSDOWNE. (L.S.) PAUL CAMBON. Supplementary Agreement.—January 13, 1905. THE formation of the Arbitral Tribunal established by the Agreement signed at London on the 13th October, 1904, having been delayed for some days by circumstances beyond the control of the High Contracting Parties, the Government of His Britannic Majesty and the Government of the French Republic have agreed that it is desirable to avail themselves of the power granted to them by paragraph 4 of Article II of the said Agreement to extend the period fixed for the delivery of the Case. They therefore hereby agree to fix the 1st February as the date on which the Case or documents shall be delivered by the Parties to the members of the Arbitral Tribunal and the two Governments concerned. * Vol. XCI, page 970. It is also agreed that the successive periods fixed by Article II of the Agreement for the several stages of the procedure in the arbitration shall date from the 1st February instead of from the 13th January, the date fixed by the terms of the Agreement signed by Lord Lansdowne and M. Paul Cambon on the 13th October, 1904. Done in duplicate at London, the 13th day of January, 1905. (L.S.) LANSDOWNE. CONVENTION between Great Britain and France, respecting Commercial Relations between France and the British Protectorates of East Africa, Central Africa, and Uganda.Signed at London, February 23, 1903.* [Ratifications exchanged at London, March 27, 1905.] His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Sens,. Emperor of India, and the President of the French Republic, desiring to facilitate the commercial relations between France and the British Protectorates of East Africa, Central Africa, and Uganda, have resolved to conclude a Convention to that effect, and have named as their respective Plenipotentiaries : His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, the Most Honourable Henry Charles Keith Petty-Fitzmaurice, Marquess of Lansdowne, Principal Secretary of State for Foreign Affairs; And the President of the French Republic, M. Paul Cambon, Ambassador of the French Republic at London; Who, having reciprocally communicated their full powers, found in good and due form, have agreed as follows: ART. I. The following Colonial products: coffee, cocoa, pepper, pimento, amomums and cardamoms, cinnamon, cassia lignea, nutmegs, mace, cloves, vanilla, and tea, produce of the said British Protectorates, shall enjoy, on importation into France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, the lowest customs duties applicable to similar products of any other foreign origin. * Signed also in the French language. II. Reciprocally, the natural and manufactured products of France, Algeria, French Colonies and possessions, and the Protectorates of Indo-China and Tunis, shall enjoy without restriction or reserve, on importation into the said British Protectorates, the lowest customs duties applicable to similar products of other foreign origin. III. The certificates of origin which may be required for the admission of goods to the preferential conditions stipulated in the present Convention shall be visé by French Consuls and by British Consuls without levying Consular fees. IV. The present Convention shall be ratified by the two Governments as soon as possible, and the ratifications shall be exchanged at London. It shall come into effect immediately after the exchange of ratifications, and shall remain in force until the expiration of a year from the day on which one of the High Contracting Parties shall have announced the intention of terminating it. In witness whereof the above-mentioned Plenipotentiaries have signed the present Convention, and have affixed thereto their seals. Done at London, in duplicate, the 23rd day of February, 1903. (L.S.) LANSDOWNE. AGREEMENT between Great Britain and France, relative to the Arbitral Tribunal and the Inquiries into the Claims for Indemnity contemplated by Article III of the Convention of April 8, 1904, respecting Newfoundland.—Signed at London, April 7, 1905.* THE Government of His Britannic Majesty and the Government of the French Republic, having entered upon the negotiation contemplated in Article III of the Convention of the 8th April, 1904, with regard to Newfoundland and Africa, for the purpose of settling the details relative to the constitution of an Arbitral Tribunal, as well as the conditions of the inquiries to be instituted for the purpose of substantiating the claims formulated in accordance with the provisions of the said Article, have agreed on the following points : * Signed also in the French language. [1904-1905. XOVIII.] 1. Within fifteen days at latest after the signature of the present Agreement, each of the two Governments shall acquaint the other with the name of the naval officer selected by them to take part in the Arbitral Tribunal. 2. The Tribunal shall meet at Paris within thirty days after the last of the notifications indicated above. 3. On the meeting of the Arbitral Tribunal, all the indemnity claims shall be presented to it by the Agent whom the French Government shall have selected for this purpose. The claimants may produce Memoranda in support of their claims, and His Majesty's Government, on their side, may, through the Agent whom they shall appoint for the purpose, be entitled to submit to the Tribunal Memoranda dealing with those claims. The Arbitral Tribunal shall have the right of calling for supplementary explanations or of hearing witnesses who may be in a position to furnish it with useful information. 4. The Arbitrators shall decide without appeal on claims as to which they may come to an agreement. 5. In the cases in which there is a divergence of opinion, the Tribunal shall transmit to each Government a joint report, stating in detail the points on which the Arbitrators differ, and the grounds of disagreement; any such difference shall be referred to an Umpire chosen by the two Arbitrators. Should they not agree, the selection of the Umpire shall be intrusted to a third Power, named by mutual consent by the British and French Governments. Should no agreement be arrived at on this point, each Government shall choose a different Power, and the selection of the Umpire shall be made by agreement between the Powers thus chosen. The Umpire must be of a different nationality from that of the two Arbitrators. His Awards shall be without appeal. 6. At the request of either of the Arbitrators, they and, if necessary, the Umpire shall be empowered to proceed either to St. Pierre and Miquelon, or to Newfoundland, to hear the parties, and proceed to any examination of evidence on either side which they may deem necessary. 7. A Secretary as interpreter shall be assigned to each Arbitrator. 8. Each of the two Governments shall bear the cost of the mission of their Arbitrator and their Agent; the honorarium of the Umpire, if one is appointed, and the general expenses of the Tribunal and of the Umpire, shall be equally divided between the two Governments. |