'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎20v] (49/208)

2
France does not assist lier case by the manner
in which motives are imputed to Great Britain
or to the British anthorities in India (" Contre-
M&moire," p. 51). His Majesty's Government do
not propose to recriminate by any inquiry into
the policy of France with respect to the coast
of Arabia, and are content to examine the
acts and claims of France with respect to the
Treaty of 1844, the Declaration of 1862, and the
Brussels Act of 1890, by reference to the con-
veptional rights and duties arising from these
documents and to the rules of international law.
They will confine themselves to the task of laying
before the Tribunal what would appear, according
to international law and the terms of those docu
ments, to be the due appreciation of the correct
ness and effect of these claims.
It is stated in the Preface to the French
" Contre-Mdmoire" (p. 1) that the French
" Memoire "—
"a d^montre enfin que la France n'a jamais cessd dans ses
rapports avec I'lmanat d'observer I'esprit, comnie la lettre,
de la Declaration du 10 Mars, 1862. Cette derni^re
question est en rdalit^ la seule qui devait etre soumise au
present arbitrage."
It has already been pointed out in the British
Counter-Case (p. 2) that the "Compromis" sub
mits to the Tribunal no such general question
as above stated. On perusal of the terms of British Case, p. 2.
the " Compromis" and of M. Cambon's letter
printed at p. 80 of the French " Contre-
Memoire," it will [be clearly seen that no
general inquiry is intended as to whether Great
Britain or France have respected the mutual
Declaration of 1862, but a particular inquiry as
to whether the grant by France of her flag to
subjects of the Sultan is consistent with the
Declaration, and as a necessary incident of such
inquiry, to ascertain what immunities France
claims to attach, within the Sultanate of Muscat,
to the possession of the French flag by the
Sultan's subjects.
In view of the too frequent digressions from
the true issue in the French " Memoire " and
" Contre-Memoire," His Majesty's Government
cannot refrain from pressing urgently on the
Tribunal the true nature of the issues submitted
and the desirability of confining the arguments
and conclusions to these issues.