COUR INTERNATIONALE DE JUSTICE
-. --
MEMOIRES, PLAIDOIRIES ET DOCUMENTS
AFFAIRE RELATIVE AUX DROITS
DES RESSORTISSANTS
DES ÉTATS-UNIS D'AMÉRIQUE
AU MAROC
(FKANCE c.ÉTATS-UNISD'A~~ERIQUE)
VOLUME 1
Requgte.- Piècesécrites
INTERNATIONAL COURT OF JUSTICE
i -,
PLEADINGS, ORAL ARGUMENTS, DOCUMENTS
\
CASE CONCERNING RIGHTS OF
NATXONALSOF THE UNITED STATES
OF AMERZCA IN MOROCCO
(FRANCE v.UNITED STATES OF AMERICA)
VOLUME 1
Application.-PleadingsTous droits rkservés par la
Cour internationale de Justice
Al1 rights reserved by the
International Court of Justice Le prksent volurnc doit être cité comme suit:
C. 1.J. iWémoi~es ,8ai.1.du Maroc (Fralzce c.g.-UvA .), vol. -
This volume should be quoted as
1.C.J. Plaadings, *WIoroc Case (F~aace v. U.S.A.), VOL.1.
N O de vente :
Sales number AFFAIRE RELATIVE AUX DROITS DES
RESSORTISSANTS DES ETATS-UNIS D'AMERIQUE
AU MAROC
(FRANCE c. ETATS-UD'AMÉRIQUE)
CASE CONCERNLNG RIGHTS OF NATIONALS
OP TTH UNITED STATES OF AMERICA
IN MOKOCCO
(FR4NCE uUNITED STATESOF Ak1ERICA) COUR INTERNATIONALE DE JUSTICE
l
MEMOIRES, PLAIDOIRIES ET DOCUMENTS
AFFAIRE RELATIVE AUX DROITS
DES RESSORTISSANTS
DES ÉSATS-UNIS D'AMÉRIQUE
AU MAROC
(FRANCE C.ÉTATÇ-UNISD'AMERIQUEJ
AHR~T D27 AOÛT1952
VOLUME 1 1
Pi&cesécrites JNTERWrITIONALCOURT OF JUSTICE
PLEADINGS, ORAL ARGUMEN'I"S,DOCUMENTS
CASE CONCERNING RIGHTS OF
NATIONALS OF THE UNITED STATES
OF AMERICA IN MOROCCO
(FRANCE vUNITED STATES OF AMERICA)
VOLUME I
Pleadings 2. PRELIMINARY OBJECTION FILET)
RY THE GOVERNMENTOF THE UNITED -5'1'ATES
OF AMERICA
The proccedings in tkis case were iiistituted by an Application
filed on behalf of the Government of the French Republic on Octo-
bcr 28, rg50. On November 22, 1950, the Court issued an order
fixing the time-limits for presentation by thc Parties of the written
proceeditlgs. Pursu-t to this order, the French Government filed
its Memorial on March I,1951 .he United States Counter-Mernorial
waç required to be filed bg7July I, IgjI.
Befsre filing a Counter-Mernorial and before entering the caçe
on thc merits, the Government of the United States has found it
ilecessary to file a Prelirninary Objection in accordance with the
provisions of Articlc 62 of the Rules of Court.
The Goveri>inerii:of the United States noted, when the Appli-
cation instituting proceedings was filed bytke French Government
in October 1950, that the Application did not clearly specify the
parties to the proceedings other than the United States of America.
My Government hoped that tkis lack of specificatioil might be only
a forma1 defect, which would be corrected through a fuller and
more dcfinite stntement in thc Mernorial, When copies of the
&lernorial had been received by the Government of thc United
States in h'larch1951, itwaç observecl that the Mernorial, like the
Application, was still not clear and definite in specifying parîieç
to the case othcr thari the United States of America.
In the view of the United States, the Application and tlic
Memorial suhmitted by the French Government admit of thrce
alternative poçsibilitieç in regard to the identity of the parties
in whose name the present proceedings have been instituted :
(1) the case may be brought by the Govcrnrnerzt of the French Re-
public in the name of and on behalf of the French Kepublic in its
own right and capacity ; (2)the caçe mag7be brougkt by the Gov-
ernment of tlie French Republic in the name of the French Repub-
lic ri(;Yrotector of the State of Morocco under the Treaty of
Fez, ciated bllarch 30,1912, on behalf of the State ofMorocco ;or
(3) the casc may bebrought ljy tlzeGovernrnent ofthe French Repub-
lic both in the name of and on behalf of the Frcnch Republic in its
own right and capacity and as Protector of the State of Morocco
under the Treaty of Fez, dated' hlarch 30, rgn, on behalf of
the State of Morocco.
Having noted the ambigtiity iilthe Apylicatiori and in the
Memorial Tiled by the Govetnment of the French Republic, the
Govcrnment ofthe United States sought in discussions with repre-
sentatives of theFrendz Government to clarify the identity of thc
16 PRELTNINARY OBJECTIOW (1 j T1 51)
~3~
party or parties in whose name and on whose behalf the case
concerning the rights of Arnerican nationals in Morocco had beeil
brought. These discussionç continued over a number of weeks,
and it was tfic hope of rny Government that a clarification of the
point wovld be obtained so as to make unnecessary the filing of
any Preliminary Objection in this case. The Govesnment of the
United States had suggested to the French Governmen t that
clarification rnight be effected either through an arnendmeilt of
the Application or Mernorial, or by a written cornrnu~zication
addressed to the Government of the United States whick couid be
incorporatcd in the written proceedings of the case. However,
reyresentativesof the French Government inforrncd reprcsentatives
of the United States Gavernment on Junc g, 1951, that the French
Government was not prepared to make any forma1 staternent.
conccrning the identity of the parties in whose namc and on whose
behalf the present case has been brought . The representatives uf
the French Governrnent stated that the Application and the
MeinoriaEdiclnot require clarification.
The Government of the United tat terefers to Artidc 40~
paragraph 1,of the Statute of the International Court of Justice.
This paragraph provides :
"1. Cases are brought before the Court, as the cnse tnny hc,
eitherby thc notificatioof the special agreement orby n writtcil
applicationaddressed to the Kegiçtrar. In either casethe subject
of the dispute and the partiesshallbe indicaéed."
Sirnilarly, Article 32 of the Rules of Court provides, iii part :
"2. When a case is brvught before the Court by means of an
graphcr, of the 3'tatute,indicatetheaprtrty making it, the party
against whom the claimis brought and tlie subject of dispute...."
In the view of the Government of the United States, the AppliecCt'ion
in the present case, as supplemented by the Menîorial, does
not accord witlz the above reqtrirements.
The Uriited States is concerncd to secure an exact identific~tioii
of the parties to the present case in order to k~lo\vir~advance what
States (and in what capacitjr so far as France is conccrned) would
be bound by the judgrnent of the Court in the present casc.
This casc concerns the riglits of American natioilals in Morocco.
under bilateral treaties between the United States and Morocco,
and under certain rnultilateral treaties-the Convention of
Madrid of July 3, 2880, and the Act of Algeciras of April 7,1906.
-to which France as well as thc United States and hllirocc~i are
parties. The United States of Arnerica would be bound by thc
judgrnent of the Court. My Govemment iç concernecl that the
State of Morocco and also the French Republic, both in its own right
and cupacity and as Protector of Morocco, should bc bound by
the judgmcnt of the Court in determining the rights of American,238 PRELIklINAHY OBJECTION (15 VI j~)
Memortal, piirsuant to Article 63 of the Rules of Court. Sbould
ithe determined, pursuant tothat article, that under such circum-
stances a counter-daim of this characber could not be joined to
the original proceedings, the Governrnent of the United States
would have to corisider what other stepç it must takc to safeguard
its rights and interests.
The Govcrnment of the United States deçires to make the follo~v-
ing si~brnissions to the Court :
(1)To cornmunicate to the Government of the Frcnc1.iRepublic
the prescrit Prelirninary Objection :
(2)To notc that the procecdings oiz the rnerits have bcerl
suçpended ;
(3)So decide whether the party or parties in whose name and
on whose behalf the prcsent proceedings have heen instituted
corisist of
(a) The lTrench Rcpublic in its own riglzt and capacity,
(b) The French Kepublic as Protector of Morocco on behalf of
the State of Morocco, or
(cl Thc French Kepublic in its ciwn riglit and capacity and as
Protector of Morocco on behalf of the State of Morocco ;
(4) To'determine, in the event that tlie ançwer to (3) abave is
othcr than as stated in (G), whether under Article 63 of the Iiules
of Court the Govcrnment of the United States would be entitled
to present a cuunter-daim or counter-claims designcd to ensure
that the juïlgment of the Court 011 the meritç -rvould be binding
an the State of Morocco and on the French Kepublic both in its
own right arid capacity and as Protector of Rlorocco ;
(j)To note that, pcnding a decision by the Court on this
Preliminary Objection and without prejudice to thc position which
the United States may helieve it necessary to takc in light of the
decisiori, the Governrnent of the United States reçcrves al1 rights
it now passesses, including the right to file further preliminarj~
objections.
(Sigrcedl'AUIWN S. FISHEII,
Agent of the Govcrnment
of the United States of Arnerica, l
-INNEXES TO 1'KELIBIINhRY OH JECTION (ANNEX A) 239
ANNEXES
Amex A
THE SECRE'TARY OF STA'TETO THE IYRENCHAMBASSADOR
DEPARTMEK OF STATE
Washington, J snuary 15, 1917.
Bxceilei~c,
Kcferring to iny informa1 rzotcof the ziîd iristantatlclYous Excel-
lency's reyilof the 8th iilstanitî regarto the recognitionof the French
Protectorate in Morocco, 1 liave the honor to inform yoii that the
Governrnent ol the United States, taking into consideration thc political
relatiom of the Go~ernmei~tof the French Republic tu the Goverrirnent
of Morocco, has concludeci to 1-ecogriizand hereby formaliy rccogtlizes,
the establishmei~t offie French Pi-otectorate over the French Zone of
the Sherifian Empirc. 'l'he Goverilment oi the United States is moved
to take this action notwithçtanding tlic present conflict ii~Europe iii
order to meet the wishes of the Frcnch Goverilment ailcl tfic French
people, for whom thc Government and people of the Uriitcd. States
critertain a traditional ancl sincere friendship.
I havc the honor to request the custolnary courtesy of Your Excel-
leilcy inbringing the foregoing to the attention ofthc Fench Govern-
ment.
iilccept, etc.
(Sigmd) ROBERT LANSING.
--
THE FTZENCH AMBASSADOR '1'0THE SBLKEJ'I'ARY OF STA'l'E
FRENCH EM~ASSY
Washington, January 19,1917.
near hlr. Secretary,
1 am instructcd by my Guvernmcnt to express to you its sii~cere
apprecitttionof the decision of tiie Government of the United States
to recognize our Protectorate in Morocco. 'ïhe terms in which you wese
so good as to notify it tous enhanced the value of this tokeilof good
will,and my Government is confident thattlie traditionaland sincere
frieildsliip between our two countries ailuded to in your letterof the
15th will he still increased by this recognition.
On one passage of your letter, 1 am asked to draw your attention,
tlie wordiilg of wkich being not in exact confoimity with facts. Tt is
çtated there tliat the Governrnent of the United States "recognizes the
establishmeiit of the French Protectorate over the I7rei1chZone O-E
the Sheriffian Empire". 111reality the Protectorate established by France in Morocco, with
the assent ofitsruler, çoversthe wllole of that country, as evidencedby
the terrriç of thTreaty of March 1.912,a copy ofwhich 1 had the honor
of transmitting to you on January 3, 1913. The Spailish rights are
mentioned in it (Art. T)as being to be definedby an agreement betweeti
the Governmei~ts, not of Morocco, but of France and of Spain. Every
Power, Spain incluclecl, kas recognized that oui-Protectorate was
coextensive with the total areaof Morocco.
My Goverment would be much ohliged to you if you wouId kindly
cause thiç involuntary error to be arnended and the text of your letter
of recognition tobe so iilordedas to refertathe French Protectorate, as
concerning Morocco itseifand not sirnply to the French Zone thereof.
Relieveme, etc.
Annex B
CONVENTON BETIVEEN I-IIS RIAJEUY IN RESPECT OF THE
UNITED KlNGDOM AND THE PRESTDENT OP THE FKENCH
REPUBLIC FOR THE ABOLITION 01; CAPITUT.,A'TlONSIN
RiIOROCCOAND XANZIBAR
Ris Majesty the King of Great Britain, Ireland and the I3ritish
JJominionç beyond the Seas, Emperor of India, and the President of
the French Republic, acting in hiç own name and on hehalf of His
hTajesty the Sultan of Morocco ;
Whereas the prcscn t special régime applicable irîthc Tirencl1 Zone
of rhe Shereefiail Empire to 13ritish coi'sulç, riatio~iand institirtions
iç no longer iil accordance rvitthc preseilt state of that zone;
ilild whcreas His Majesty the King of Grcat Britain,Ireland and ille
British Dominions beyoncl the Seas, Emperor oI Tndin, in vierr-ofthe
coniention signed at hqontreiix on the 8th day of May, rg37, rclating
to the abolition of the Capitulations inEgypt, desires to give cffectas
regard she French Zone of Morocco to the Declaratiori oftlie 8th April,
~goq,relatirig to Egypt and Morocco ;
And wkereaç both High Contractiiig Parties aiealso dcsirous of
mohfq.Eng certain trentiesapplicable to Zsnzilmr so as to render them
more in cciiiformity with exiçting conditions ;
Have accordingly decided to conclude a convention for this purpose
and have appointed as their plenipotentiaries:
His Majesty the King of Great Britain, Ireland and thc Eritisli
Dorniniui~s heyond the Seas, Emper~r of Tiidia (hereinafter referred to
as His Majesty the King) :
. For Great Britain and Northern Irelailcl :
The Right Honourable Anthony Eclen, NI-K.,M.P., His Majesty 's
PrincipalÇecretary of State for ForeignAffairs ; ANKEXES TO PRELLYINAKY OBJECTION (ANWEX B) 241
The President of tlze French Kelmblic :
His Excellency Monsieur Charles Corbiii, Ambassaclor Extraordinary
dnd Plenipotentiary of the French Repizblic in London ;
Who, having deposited their full powers, found in good and due Eortn,
have agreed as folluws :
Article .I
His Wajesty the King renounces allrights and privileges of a capitu-
iatory character in the French Zone of the Shereefian Empire.
Article2
13ritkli subjects, British-protected persons and British conipanies in
the French Zone of the Shereeîkan Empire shall be çubjcct to the juris-
dïction of the same tribunals as I'rctich citizens aliFrench companies.
In their recourse to sucli tribunals British subjects, British-protected
persons and British companies shallbe subject to the same conditions
as French citisens ancl French cornpanies.
After tlie expiry of ten years from the datc of the cornii~giiltoforce
uf the present Conventiori, the provisions oi tlie second paragraph of
this article caiinot be invoked, unless the suhjects of His Majesty the
Sultan of Morocco and companies duly incorporsted under the law of
the French Zone of the Shereefian Empire enjoy in the United Kingdom
the treatmeilt uf the rnost-favoured natioii as regards the matter referred
to iiithat pnragraph.
Ti]respect ofrnattersoccurring before the entry into force ofthe prcsent
Conventioii, ltt\vs and regulations of the French Zone of the Shercefian
Empire shall wnly be applied to British subjects, British-protccted
persons, Kritish cornpanies and British ships in cases where in accord-
ance witli tl-ie existing practice such laws and regulations were then
applicriblc to them.
Dutics and taxes, liowever, payable iin:lcr legislation, enacted less
than one yeat before the date of the entry into force of thc present
Çoiivention ancl not yet macle applicable by regulatiai-isof the Britisli
ccinsular a~ithoritics, may bc recoveted from British subjects, Rritish-
protected persons and Britisli companies.
Britisli cubjects, British-protected persons and Rritish cornPanies
shall not be sued in the courts of the French Zone for taxation or diities
of any kind which became due more than two years before the çoming
Iiito force of thiç Convention.
Tlic Britisli courts at present cxercising jurisdiction in the French
Zone of the Shereekari Einpire shall continue to clcal witli the cases
1-egularly instituten before them before the eiitry into force of tlic
present Coiiventiorî until thcse cases arefinaIlgrcompleted.242 ANNEXES TD PXELlllllNAXY QRJECTION (ANWEX B)
Decisions, givcn by the said courts within the limits of their jurisdiç-
tion and which are final, shall be recognized as having the forcc of ves
jlrdtcntccby the autlioritieof the Frencli Zone of thc Shereefian Empire.
Certificates giveii by the British consiilar officersto the effect that the
said deciçions arc final will bc accepted.
His Majesty the King undertakes to rctain iii fiIoi-occodl the judicial
records of the British consuIar courts. These rccords shall bc marie
available to the tribunals of the French Zone of tlie Sllereefian Empire
wherever these tribunals require' tl~ernfor tlie pitrpose of case:;rvitl-iin
tl-ieir juristliction. Certified copofsthese records will be iurilished QI-t
request to the said tribunals, the cornpeterît aiithoritieof tkie zone nrîcl
to any otlier propcrly interested party.
Article 5
Subjeçt to the provisions of paragraphs 2 and 3 below, no person
owing allegiance tO Ris Majeçty tlie Sultaii of blorocco cnn clairriin
the Frencli Zone of the Shereefian Empire the protection of Ris Majesty
tlie King.
Nativcs of the French Zone of thc Shereefian Empire, tvho at tlie date
of the er?try into force.of the prcsent Convention enjoy British protec-
tion, either ac;employees of a British consulate or as semsass, shall for
the rernainder of their Iifebe juçticiable by the Fre~ch tribunals of
the Shereefizr~ Empire except as regards rnatters comirig withiri the
jurisdiction of the Moslern or Jewish rcligious courts. A list of theçe
perçons shall be drawti up witkiin six rnonths of the çoming into force
of the preserit Convention bv agreement between the French Residency-
General arid the Britisli Consulate-General at Rabat. This list diall
include the wives and minor children of these persons living undcr the
same roof, and the provisions of this paragraph shall apply in tlic case
of the wives during the lifetirneof their husbands, ancl in tlic case of
the children until the rleacth of tlicir fathers or until tl-ieir rnajosity,
whichever happens earliest.
Thc persans enurnerateri in the Anlies to the present Conveaitioi~
shall also cnjoy the bcnefit of thc provisions of ydragraph 2 above.
"TlzeBritish post officesintlie Freiich Zone of tlie ShcreefianEinpire
will be closed at the datc which sha11 be notified to the Residency-
General at Rabat by the British Consulate-General and in atly case
not Iatet tkan thirty dayç after the entry into force of the preserit
Convention.
British subjects, British-protected persoiis and Ksitislicompanies will
enjoy in the PrencEi Zone of the Shereefian Empire thc same personal
ailclprivate rights (d~oitspriztés)as French citizens and French com-
pnnies. They shallhave the same guarantees for the protection ofperçon
and praperty. British subjects aild British-protected persons shall not be subjcct
in the French Zoricof the Shereefiari Empire to any cornpulsosy p~rsonal
rnilitary service ilor toany tax or payment in lieu of çudi service.
After the espiry al ten years from the date of the eiltry into force of
the present Con\-entiori, the provisioils of thc present article canilot
be invoked unless the subjects of His NIajesty tl~c Sultan of Rlorocco
eiljoy in thcUnited Kiilgdom thc trcatinent of tlie rnost-favoured nation
as regards thc rnatter referred to in this article.
Article g
Extracts from "czier judiciaire" çhal1 be rlelivered toBt-itislsubjects
and British-protcctcd perçons residcnt in the Fr'rencli Zone of hrarocco
111the same conditions as to Frencli citizeris. In order to enable the
competent ai~thorities of the zonc to deliver sucfi extraçts, the Britisli
consular a~rthorities in the zone \vil1supply to these au thorities certifi-
cates as regards convictions, if any, pronoiilicerl hythe British consular
courts in Jlorocco.
His Majesty the King shall have the 1ight to maintain consulates at
aiiy place in thc French Zone of the Çherecfinn Empire where Rritisli
consiilates are at prezeiit eçtablishecl. The establishment of new conçu-
lates at otker places itzthe said zonc d~all be subject to the agreement
of the Governments of both 1-IighContracting Parties.
British consular officcrs in theFrench %oneshall enjoy privileges anci
immunities rio t less favourable than those accorded to British coi~sular
offirers in Francc or to the çonsular officers of an- other Porver in
Morocco.
Neither this articlc nor Article 20 of the General Trcaty signed at
Tangier on the gtli 13ecember 18j6, on behalf of Her late Majestv the
Queeil of the United Kingdom of Great Britain and Ireland and His
late Majesty the Sultan of Morocco and Fez, sliall, howevei-, entirlc
His Majesty the King to claim jurisdictional prirfilegesaccorded on
the basis of existing treaties concluclcd by Hiç Majesty the Sultan of
Morocco and tfie Unitecl States of Arne~ica.
Briti~h scliools of everv grade sllall continue trienjoy in tlie French
Zone, especially in regard to the tcaching of Eilglilish, the same liberty
as liitherto. Tley will be çubject to the iaws relating to State control
bvhich are applicable to al1ISuropean sckools in tl-icFrci~cllZone.
A rtkcle12
.Article4, pasagsnph r, of the Gencral Treaty signed at Tangier on
the 9th Decembei 1Sj6 does nat affect the rigl-it of the authoritieof'
the grench Zone of the Shereefian Empire tci regulate adrnittance and
immigration into the territory or to expel personç for reasons of police
or public order or to npply immigration regulations, provided Zhat there
is no discrimination against Rritish subjects or Rritis11-protectedpersons.244 ANNEXES TO PKELI4IINAKU OBJECTION (RNNEX B)
Neverthelcss, British subjects alid British-protected persorls who
have beeti resirlent in the French %oneof 3Jorocco for niorc than five
years shxll not he exyelled unless :
(a) Theg have cornmitted a crimc nr offence piinisliable wjth more
, thsn t!iree months' imprisonrncnt ;
(b) They have beeri guilty of conduct prejuclicial to public safcty,
public order, good morals or public health;
(c) The- are in sucb a state nf indigence as to be a burden to the
Statc.
'Ille provisionsof paragrrrapl2 of this article may be terminatcd at
aiiy time after the expiry of twenty years from the date of the corning
ir~toforce rif thisConvention by six months' notice.
Tlie powers conferred on British consular officers in tlie FrenchZonc
uf the Shercefian Empire in matter of the estates of deceaçed persons
by hrt.icl18 of thc Genesal Treaty signed at Tangier on the 9th Decern-
ber 1Sj6 are n~nintained.
Aiiy disputes arisiilg as regards ~he cstates icferred to in the said
article slzall be determincdby the competent tribunals of the çaid zonc
in co~iforrnity with the provisioil~'oflaws of general application.
The provisions of this article may he termillatecl at ariy time after
the expiry of tmenty years from the date of the eiitry into force of the
present Convci~tion by six months' notice.
The High Ço~itrncting Parties agree that flic lireilch decree of tlie
8th November rgar, relating to French nationality iil theFrcnch Zone
of the Shereefian Empire, and the Dahir of thc same date, relating to
Moroccan nationality, are not applicable to British s~ibjects orprotected
ycrsonç borii hefore the date of the entry into force of tlie present
Convention.
If tlic French or NIoroccai~o&rr-irncritsshould cnact rneasures wliicli
would rcsult in conferring Frencl-i or Moroccan nationality by reason
of birth or rcsiclence in tlie French Zone of tlie Shereefian Empire in
my case where the iibove-mentioned decree would not have confcrred
ITrench ix~tianaliy, British suhjects and protectcd persons affected by
thcse enactinents shall be freed from French or Moroccail natiotiality
if they make a rcquest to this effect iilthc year wIiich follows their
rnajority.
A~ticls Ij
'The suhjects of His Majesty the Sultat~ of Moi-occo ancl Moroccan
vessels shall enjoy the same rights as French citizens atzd French ships
in the United Kingdom of Great Britain and Northern Ireland, British
colonies and in territories under the protection of His Majesty the
King, ancl in rnandafed tcrritories adtninistered by the Governrnerit
of the United Kingdom.
The cspressioii "h.2oroccaii vessels" rncans ships cluly registered as
such in a port of tEic French Zonc of the Shereefian Empire. The provisions of all earlier Acts, treaties ancl conventions whidi
are contrary to the preceding provisions of the present Cunvention arc
abrogded as between the High Contracting Parties so fnr as the French
%one of the Shercefian Empire is concerned.
Articles 13 and zo of the General Trenty signed at Tangier on the
9th Decemb~r ~856 cannot be itzvoked by His Rfajesty the King to
daim tlie jurisdictional privileges eiijoyed by the United States of
America urider treatieç atpresent in force.
His bfilajesty the 1Citlgrenounces al1 rrlglitsin the French %one of tlie
Shereefian Ernpirc under the Convention of Madrid of 1880.
The French Republic renounces al1 rights and privileges of a çapitn-
Iatory character in the territorieç of Bis Highness the Sultan of
Zanzibar.
Frerich natioiials (citizcris, subjects aprotectcd persons) and French
cornpai~ies shall be subject in the territories of the Sultan of Zanzibar
to the jirrisdiction of the çame courts as Rritish subjects and British
companies.
In tfieir rccousse to such courts French nationals and French
çornpanies sfiall bc siibject to the same conditions as British subjects
ancl British companics for so long as Britislisubjects, British-protected
persons and Britishçompanies enjoy inthe French Zone of the Shereefian
Empire the benefit of paragsaph 2 of Article2 of thepresent Convention.
Frencli riatinnals(citizens, subjects andprotected persons) and Frenclz
çompanies will enjoy in tlie territories of His Mighncss the Sultan of
Zanzibar tlie same riglzts as tlioçe acçorded in the French Zonc of
the Shei-eefian Empire to British subjects, British-protected perçons
and British conipanies under Articles 7, 8 and 12 above and subject
to tliesame conditioilç.
French curisuls in tlic territotics of 1-Iis 1-Iigliriess thSultan of
Zanzibar shall enjoy privileges and immunities not less favourable thaii
those accorded to Frcncli coi~sular officcrs in the United Kingdom or
those accorded to the consuls of anÿ other Power in the territories of
His Higl~ness-the Sultan of Zanzibar.
Neither Article z nor _article 5 of the treaty signed at Zanzibar on
the 17th Nnvernber 1844 with His Higlin~ss the Sultan of Muscat and
depenclencies, shall ci-ititthe French Kepublic to claim in the territories
of His Highness the Çultan of Zarrzibar jurisdictional privileges or
pcrçoizal privileges for French consuls or French nationals on the basis
of privileges claimed or granted to other Powers in virtue of esisting
treaties concliided by His Highnes the Sultan of Muscat.246 ANNEXES TO PRELIAIINARY OBJECTION (ANNES B)
French sclzoolsskial continue to enjoy in the territoriesof the Sultan
of Zanzibar tlie same freedorn as in the past, particularly in regard to
thc teacliing of French. They çhnll be subject to the laws rclating to
State control wl-iichare applicable tu al1 European çchools,
Article 22
The powers reservecl by tlie Governrnent of thc lTrenc11 Republic as
regards estatesof decc<xerlnationals for tlie benefit of French çoirsuls
in the territories of His Highness the Sultan ofZanzibar by the letter
of tlze 13th !May 1904 sliall be maintainecl.
A11disputes thst mav arise as regards such estates shallbe determined
irithe territories of His Righness the Sultan of Zanzibar by the com-
petent tribunals in accordance witlz the provisions of laws of geileral
application. Frencli consuls shall not in aizymatter he cited beforr: a
native court in thiscapacity as ndministrator or liquidator of the eçtate
a£ a Frenclinational.
The provisions of the prcsent article may be tei-rninntedat any time
after the e~piry of twenty yearç from thc date of the entry into force
of the prescnt Convention by sisrnontlzs' riotice.
The following provisions of the treaty signed nt Zanzibar on the
17th Novcmber 1544, witk His Highness the Sultan of Muscat
dependencies, narnely, Articles 3, 4, 6, 7, 8and g, are abrogated so far
as thc territoriesof His Highness the Sultan of Zanzibar are concerned.
For tlie purposcsOC this Convention the expression "13ritisk campanics"
mcam any coinpany duIy iizcorporated under tlielaiv of any territory
under the sovereignty of His Majesty the King or of ariy territory
undcr his protection, s~izerainty or mandate, and the expressioli
"British ships" means any ship duly registered in any of the above-
rnentioned tcrritories.
The expression "Frencli compailies" rncans aily Company duly
incorporated under the law of Francc or kiny Prerich coloi~y,protcctorate
or territory under mandate, aild the cxpressioii "Frcncki ships" rncaiis
any sliip duly registered in any of tlïc above-nzentioiieci territories.
The expressiori "subject of His RIajesty the Si~ltan of Morocco'%nl!;
includes those of Nis Majesty's suhjects who enjoy French diplornatic
protection abroad.
The expression "territories of His Highness tlieSultan of Zanzibar"
nzeans the territories referred to in the notes exchanged on the 13th
and 18th Mav 1904 hetween the Govcrnment of the United Kingdom
and thc Go~:er*nrnaritof the French Republic.
Any dispute betiveen the High Contracting Parties relating to tlie
ir~teryretationor application ofthe provisiont of the pesent Convention, ANNEXES TO PRELI-iIINhKY OBJECTION (ANKEX B)
247
which rhey are trnable to settle Liy cliplomatic means, shall, on the
application of oile of them, he submittcd to the Permanent Court of
Internatiorinl Justice uiiiess thc High Contracting Parties agree on
another metliod of settlement.
'Thcprcsent Convention shall be ratified.
The instruments of ratificationshall be evclianged at Paris.
7'he prcsent Coizvention shall enter into forcc one calendar rno~ztli
after the date of the exchange of ratifications.
In faith rvliereofthe above-named plenipotentiaries Iiave signed the
prescrît Çoizvention.
Done this 29th dav oE ,JuIy 1937,at London, induplicate, in Eriglisli
aiid Prencli, both tcxts beiilg equally autlieïitic.
Preliminary Objection filed by the Government of the United States of America