'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.' [‎29v] (67/208)

20
certain of these titres most essential information,
viz., as to the residence of the proprietors, has
been omitted.
France seems also to object that Great Britain "Centre-^
is not entitled (" qnalifiee ") to verify the list of [
French dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners, because this would involve
a critical examination of French municipal legis
lation. Great Britain has no interest in, and
makes no claim to examine into, French municipal
legislation ; and is content to take the statement
of France as to what such legislation is. But, as
already stated, when France seeks to give extra
territorial effect or international validity to her
municipal legislation, then the right of foreign
Powers arises to question the validity and effect of
such legislation outside its proper bounds.
The French arguments as to making domicile
a ground for claiming an originaire of Muscat
as a French protege in Muscat have already been
dealt with in the British Counter-Case (p. 10).
It is enough to refer the Tribunal to these
arguments and to add the following remarks
1. Domicile is not equivalent to nationality.
2. Domicile may give certain rights in the
country in which it is acquired, and may alter the
statut personnel or the descent of property by virtue
of the rule mobilia sequuntur personam, but it gives
no title to protection as a national in other
countries, least of all in that of origin.
3. It lies with those who assert that the domicile
of origin has been lost to prove the assertion.
France has not adduced any evidence at all that
any of the dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. owners of Muscat origin have
acquired a domicile in any French possession. The
Tribunal is, on this point, referred to the latest
judicial exposition of the subject in the English
Courts (Winans v. Attorney-General, Law Re
ports, 1904, Appeal Cases, p. 287)—a case in which
the liability to taxation of the personal estate of a
deceased American subject depended on whether
he had become domiciled in the United Kingdom.
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