"التحكيم في قضية مراكب الداو الشراعية في مسقط. محكمة التحكيم الدائمة في لاهاي. السماح برفع الأعلام الفرنسية على مراكب الداو الشراعية في مسقط. القضية بالنيابة عن الحكومة البريطانية". [و‎‎٣‎٣] (٢٠٨/٧٤)

27
various controversies which have arisen between
Great Britain and France as to the territory and
waters of Zanzibar, because they have, fortunately,
been terminated by the arrangement evidenced by
Appendix 4, p. 44 letters of the 13th and 18th May, 1904.
But His Majesty's Government cannot be con
sidered as admitting that the contentions of
France with respect to Zanzibar were juridically
well-founded, although in a spirit of amity an
adjustment has, in the case of Zanzibar, been
effected which satisfies the aspirations of both
Powers and meets the needs of the situation.
M. Renault's arguments as to the effect on the
status quo ante of the establishment of a Pro
tectorate relate only to Zanzibar, and in no way
affect Oman, which is not a Protectorate.
Before passing from this part of the Case, it is
perhaps well again to point out that the main
point in controversy is not whether France has
any power to police in Oman waters vessels
admittedly French, but whether France, by per
mitting the use of her flag to persons who are
not her subjects nor her proteges, nor within
the immunities given by the Treaty of 1844,
can extend to such persons any immunities she
may possess in Oman. Even assuming that
France had acquired some modified rights in
Oman waters over vessels admittedly French, this
is a very different thing from the claim of exclusive
police in the Sultan's waters by French officials
over any Arab dhow which flies the French flag.
Still more does it differ from the claim which has
hitherto been coupled with it that the owner and
crews of such vessels and their families shall be
exempt when ashore from the Sultan's jurisdiction.
The true international rule on this subject is
well stated in the decision of the United States'
Supreme Court, of which an extract is given in
Appendix, p. 5.