"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". [و‎‎٥‎٣] (٢٠٨/١١٦)

of action adopted by liim there, presumably on
instructions, was no longer to send the vessels
annually to a ^French port where they could be
carefully examined, but to make Muscat the homo
port of the vessels in question. The policy thus
adopted intensified the mischief complained of.
At this point it becomes necessary to analyze
the reasons given for granting the French flag to
Omanis. France claims the position of defendant
in this arbitration. The exact object of this
course is not clear; it may be to avoid formu
lating a definite claim, or it may be to compel
Great Britain to prove in the first instance the
accuracy and justice of the complaints of the
Sultan and Great Britain as to the effect of the
French policy. But if France is on her defence
she must deny, justify, explain, or excuse.
To see how far any of these pleas will avail,
one must examine the French contentions. The
list in the French Case (p. 58) of owners of
Muscat dhows with French flags shows that
France does not deny that Omanis have French
flags. How is that justified, excused, or ex
plained ?
It is faintly suggested that some may have
been denationalized, as having definitely settled
down in French territory or emigrated sine animo
French Case, p. 10. revertendi. But the Sultan of Muscat does not
allow his subjects to abjure their allegiance—
in this respect following the rule which in
earlier days prevailed in Europe. While out
of his jurisdiction the question whether the
originaire of Muscat has ceased to be the
Sultan's subject cannot be effectually raised;
but on return to his native land the question
may arise. It is not stated that any in the
list are naturalized as Frenchmen; and even
if they were, their new nationality would not,
without the Sultan's assent, avail them in Oman.
Various excuses for granting French flags to
persons who were originaires of Oman, or on
relations with Oman, are given :—
French Case, 1. That they had no statut 'personnel (p. 10),
pp. 10-44. gjicl no country but the sea.
This suggestion is disposed oE by reference to
the facts.
2. That they are polygamous Mussulmans, and
have etablissements stables" in the different
centres in which they traded.
French Case,p. 11. This plea can hardly have been put for vi aid
seriously. It is stated that a good many French
[530] C 2