'P. 1 733/1904. Muscat Arbitration. (1904-08).' [‎133v] (273/778)

satisfying the conditions prescribed by Article XXXII of this Act was not in
contradiction with any international obligation of Erance;
Eor these reasons, decides and pronounces as follows:—
1. Before the 2nd January, 1892, Erance was entitled to authorize vessels'
belonging to subjects of His Highness the Sultan of Muscat to fly the Erench flag,
only bound by her own legislation and administrative rules ;
2. Owners of dhows who before 1892 have been authorized by Eranee to fly the
Erench flag retain this authorization as long as Erance renews it to the grantee;
3. After the 2nd January, 1892, Erance was not entitled to authorize vessels
belonging to subjects of His Highness the Sultan of Muscat to fly the Erench flag,
except on condition that their owners or fitters-out had established, or should establish,
that they had been considered and treated by Erance as her “ proteges ” before the
year 1863.
As to the second question :—
Whereas the legal situation of vessels flying foreign flags and of the owners of
such vessels in the territorial waters of an Oriental State is determined by the general
principles of jurisdiction, by the capitulations or other Treaties, and by the practice
resulting therefrom;
MJiereas the terms of the Treaty of Eriendship and Con me between Erance ‘
and the Iman of Muscat of the 17th November, 1814, are, pai ularly in ieu of the
language of Article III, “ Nul ne pourra, sous aucun preu te, pfnetrer dans les
maisons, magasins et autres proprietes, possedes ou occupes p des Erai'.cais ou par
des personnes au service des Erangais, ni les visiter sans le consentem* r do Eoccupant,
a moins que ce ne soit avec Eintervention du Consul de Erance,’' comprehensive
enough to embrace vessels as well as other property ;
Whereas, although it cannot be denied that by admitting the right »f Erance to
grant under certain circumstances* her flag to native vessels, and to have these vessels
exempted from visitation by the authorities of the Sultan or in his name, slave trade
is facilitated, because slave traders may easily abus£ the Erenjdi Wg for the purpose
of escaping from search, the possibilitymf this abuse, which can 1 me • mppressed
by the accession of all Powers to Article XLII of the Brussel C iv vq. -run^.
affect the decision of this case, which must only rest on juridical grounds ;
Whereas according to the Articles XXXI—XLI of the Brussels Ac 1 , tl < ■ o-ra* 4 of
the flag to a native vessel is strictly limited to this vessel and its owner, aad Utcr-• fore,
not transmissible or transferable to any other person or to ai;y other ve>s, : * :L ^
belonging to the same owner;
Whereas Article IV of the Erench-Muscat Treaty of 1844 granm f 0 th ■ subjects
of His Highness the Sultan of Muscat “ qui seront au service des Erra.-ga' * the same-
protection as to the Erench themselves, but whereas the owners' masters, an 1 crews of
dhows authorized to fly the Erench flag do not belong to that >s of * sons, and
still less do the members of their families;
Whereas the withdrawal of these persons from the soveL ggiU ' mpe from
the jurisdiction of His Highness the Sultan of Muscat, would b 1 in eo t, idi< with
the Declaration of the 10th March, 1862, by which Erance ai , re a E 4 ah ge
themselves reciprocally to respect the independence of this P me;
Eor these reasons, decides and pronounces as follow
1. Dhows of Muscat authorized as aforesaid to fly the Erench flag are entitled in
the territorial waters of Muscat to the inviolability provided by the Erench-Muscat
Treaty of the 17th November, 1844 ;
2. The authorization to fly the Erench flag cannot be transmitted 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 dhow A term adopted by British officials to refer to local sailing vessels in the western Indian Ocean. T s
authorized to fly the Erench flag, or who are members of the crews of such vessels, or
who belong to their families, do not enjoy in consequence of that fact aay 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 L 1905.
(Signed) H. LAMMASCH.
MELVILLE W. EULLEfl.
A. r. DE SAVOKNIN IDEM AN.