44784
No. 91.
(CYPRUS.)
1
THE SECRETARY OF STATE to THE LORD CHANCELLOR.
[Status of Cypriot Shipping.]
The Earl of Elgin presents his compliments to the Lord Chancellor, and begs
to transmit to his Lordship herewith the following papers relating to the question
of the control and protection of Cypriot shipping:-
(1) The Law Officers' Report of 21st March, 1879.*
(2) The Law Officers' Report of 17th April, 1902.†
(3) The opinion of the late Lord Chancellor of 17th February, 1905.‡
(4) The Report of the present Law Officers of 6th November, 1906.§
(5) A letter from the Colonial Office to the Foreign Office of 11th July, 1907, and the reply of the Foreign Office thereto of 23rd September.
(6) A further letter to the Foreign Office of 16th October, and the reply of
that Department of the 24th December.
Lord Elgin would feel obliged if his Lordship would take these papers into his consideration at his early convenience, and would favour him with his opinion upon the points referred to in the first paragraph of the letter from the Foreign Office of 24th December, together with any general observations which he may be good enough to offer upon the subject of the settlement of the legal status of Cypriot shipping when beyond the territorial limits of the island.
Downing Street,
4th January, 1908.
(1247/1908.)
OPINION OF THE LORD CHANCELLOR.
Kingsdown, the 10th of January, 1908.
I must preface what I have to say, in answer to Lord Elgin's request of 4th January, 1908, by this observation: Questions of jurisdiction as between two Powers, each having some rights in regard to the same territory, and questions of the status of merchant vessels belonging to nationals of such territory, are, like many other international points, not matters of strict law at all. For there is no International Court competent authoritatively to decide them, and no legislature capable of settling them by enactment, and no acknowledged common law to pronounce on their interpretation. All that any law adviser can give is his own' opinion as to the effects which as a matter of business and administration must flow from the treaties or customary relations of the Powers concerned. Hence differ- ences may well arise between high authorities. It may become better now that International Prize Courts will be created.
In my opinion His Majesty possesses under the Conventions complete powers (by transference from the Sultan) for control of Cypriot shipping (see the words used at the end of the Convention of 14th August, 1878). For this is involved in the right to make laws and conventions for the government of the island and for the regulation of its commercial relations and affairs "free from the Porte's control.” Some one must be entitled to establish a register for Cypriot shipping, and to pre- scribe a flag, and to make merchant shipping regulations, and provide for the punishment of offences committed on Cypriot ships beyond the limits of Cyprus, which are the three points specified in the despatch submitted to the Law Officers. If the Porte is to do this it seems difficult to deny that the Porte is derogating from the grant made under the Conventions, and is taking part in governing the inhabi- tants of the island, and regulating its commercial affairs. And the authority that exercises sovereign power within any country is always the authority for controlling
‡ No. 4. § No. 49.
No. 196A in Vol. III.
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+ No. 142 in Vol. VI. ·
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