"التحكيم في قضية مراكب الداو الشراعية في مسقط. محكمة التحكيم الدائمة في لاهاي. السماح برفع الأعلام الفرنسية على مراكب الداو الشراعية في مسقط. القضية بالنيابة عن الحكومة البريطانية". [ظ‎‎٢‎٨] (٢٠٨/٦٥)

18
to inquire as to the effect on the higli seas or in
the waters of third Powers of the French law as to
the grant of the French flag. What the Tribunal
has to consider is whether France can, under
cover of her municipal law, give to subjects of
another Power in the territories and waters of
that Power an extra-territorial and privileged
position and exemption from the laws of their
natural Sovereign. According to the view of His
Majesty's Government, the contention of France is
that the municipal law as to the grant of flags is
to prevail outside her own territory over inter
national law and the municipal law of other
States. And after thus disposing of the claim
of the Sultan to information as to the reasons for
withdrawing his subjects from his jurisdiction,
it is further susc^ested that Great Britain is guilty " Contre-
p . . ..i i ■ M&noire,'
oi a petitio pnncipn in treating as settled a prion pp 8
in favour of the Sultan the question of the
statut personnel of all the dhow-owners who
are originaires d'Oman on suppose's tels, and
who have obtained French papers, and France not
only makes express reserve against the British
view, but also appears to deny any obligation to
give any written explanation of the grounds on
which each titre was granted.
What, according to the French view, is the
statut personnel of a Moslem Arab born and
residing in Oman, who has wives in the various
ports to which he takes his ship in the sailing
season, and who flies the French flag ?
Is his right to marry, or the transmission of
his property, determined by the " Code Napoleon "
or by the Koran ? Does he retain his siatat
personnel as an Omani Arab, with a right to
decline the jurisdiction of the Court best
competent to determine the appropriate prescrip
tions of the Mohammedan law ?
The natural and ordinary presumption as to
a person who is originaire of a particular State is
that he is the subject of the Sovereign of that
State. Where he is not only an originaire, but
also ordinarily resident in that State, the pre
sumption is strengthened. And if any State
claims that a person born and ordinarily resident
in another State is a subject or protege of the
first State, it is in accordance with all rules of
law and justice that the claiming State should
furnish proof of the grounds of its claim. It is
true that under certain conditions in modern
times what is termed " double nationality " arises.