'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.' [‎87v] (193/208)

grant of the flag to a native vessel is strictly limited to this vessel and its
owner and therefore not transmissible or transferable to any other person
or to any other vessel, even if belonging to the same owner,
Whereas article 4 of the French-Muscat Treaty of 1844 grants to
those subjects of His Highness the Sultan of Muscat "qui seront au
service, des Frangais" the same protection as to the French themselves,
but whereas the owners, masters and crews of dhows authorized to fly
the French flag do not belong to that class of persons and still less do
the members of their families.
Whereas the withdrawal of these persons from the sovereignty,
especially from the jurisdiction of His Highness the Sultan of
Muscat would be in contradiction with the Declaration of March 10,
1862, by which France and Great Britain engaged themselves reciprocally
to respect the independence of this Prince,
FOR THESE REASONS,
decides and pronounces as follows:
1°. dhows of Muscat authorized as aforesaid to fly the French flag are entitled in the
territorial waters of Muscat to the inviolability provided by the French-Muscat
Treaty of November 17, 1844;
2°. the authorization to fly the French flag cannot be ^jansmitted or transferred
to any other person or to any other dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. , even if belonging to the same owner;
3°. subjects of the Sultan of Muscat, who are owners or masters of dhows
authorized to fly the French flag or who are members of the crews ^ such
vessels or who belong to their families, do not enjoy in consequence of that fact
any right of exterritoriality, which could exempt them from the sovereignty,
especially from the jurisdiction, of His Highness the Sultan of Muscat.
Done at The Hague, in the Permanent Court of Arbitration,
August 8, 1905.
(signed) H. LAMMASGH.
„ MELVILLE W. FULLER.
„ A. F. DE SAVORNIN LOHMAN.