'File 35/85 III A 10 French Flag Question' [‎149v] (309/610)

Whereas the two Arbitrators not having agreed within one month from the
4ate of their appointment in the choice of an Umpire, and that choice having
then been intrusted in virtue of article 1 of the Coqapromis to the King of Italy,
His Majesty has named Umpire ;
Mr. H. Lammasch, Doctor of Law, Professor at the University at Vienna,
Member of the Upper House of the Austrian Parliament,
Whereas the Cases, Counter-Cases and Arguments have been duly com-
munipated to the Tribunal and to the Parties,
Whereas the Tribunal has carefully examined these documents, and the
supplementary observations which were delivered to it by the two Parties ;
AS TO THE FIRST QUESTION :
Whereas generally speaking it belongs to every sovereign to decide to whom
he will accord the right to fly his flag and to prescribe the rules governing such
grants, and whereas therefore the granting of the French flag to subjects of His
Highness the Sultan of Muscat in itself constitutes no attack on the indepen
dence of the Sultan,
Whereas nevertheless a Sovereign may be limited by treaties in the exer
cise of this right, and whereas the Tribunal is authorized in virtue of article 48
of the Convention for the pacific settlement of international disputes of July
29, 1899 and of Article 5 of the Compromis of October 3 3, 1^04 " to declare
its competence in interpreting the Compromis as well as the other treaties which
may be invoked in the case, and in applying the principles of international
law," and whereas therefore the question arises, under what conditions Powers
which have acceded to the General Act of the Brussels Conference of July 2,
1890, relative to the African Slave Trade, especially to article 32 of this Act,'
are entitled to authorize native vessels to fly their flags.
Whereas by article 32 of this Act the faculty of the Signatory Powers
to grant their flag to native vessels has been limited for the purpose of sup
pressing slave trading and in the.general interests of humanity, irrespective of
whether the applicant for the flag may belong to a state signatory of this Act
or not, and whereas at any rate Prance Is in relation to Great Britain bound
to grant her flag only under the conditions prescribed by this Act,
Whereas in order to attain the above mentioned purpose, the Signatory
Powers of the Brussels Act have agreed in its article 32 that the authority to
fly the flag of one of the Signatory Powers shall in future only be granted
to such native vessels, which shall satisfy all the three following conditions:
1. Their fitters-out or owners must be either subjects of or persons pro
tected by the Power whose flag they claim to fly,
2. They must furnish proof that they possess real estate situated in the
district of the authority to whom their application is addressed,
or supply a solvent security as a guarantee for any fines to which
they may eventually become liable,
3. Such fitters out or owners, as w^ell as the captain of the vessels, must
furnish proof that they enjoy a good reputation, and especially
that they have never been condemned for acts of slave trade.
Whereas in default of a definition of the term " protege " in the General
Act of the Brussels Conference this term must be understood in the sense which
corresponds best as well to the elevated aims of the Conference and its Pinal
Act, as to the principles of the law of nations, as they have been expressed in
treaties existing at that time, in internationally recognized legislation and in
international practice.
Whereas the aim of the said article 32 is to admit to navigation in the
seas infested by slave trade only those native vessels which are under the stric
test surveillance of the Signatory Powers, a condition which can only be secured
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