"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". [و‎‎٦‎٦] (٢٠٨/١٤٤)

37
XIL—ZANZIBAR.
The reference in the "French Case (p. 5) to the
British Protectorate of Zanzibar is wholly irrele
vant to the questions in controversy before the
Tribunal. Zanzibar and Muscat ceased in 185fi
to be under the same Sovereign. The reciprocal
French Case, p. 51. Declaration of 1862 as to respecting the indepen
dence of Muscat and Zanzibar applied to these
States as separate entities, and the Anglo-Prench
Declaration of the 5th August, 1890, which
followed on the assumption by Great Britain, of a
Protectorate over Zanzibar, while constituting an
acceptance by France of that Protectorate (m con
sideration of getting a free hand in Madagascar),
and a modification of the Declaration of 1862, so
far as concerned Zanzibar, had no connection what
ever with Muscat; and the Declaration of 1890
contains no reference to Muscat and no stipulation
affecting that State, but deals solely with the
results of the neAV situation created by the Pro
tectorate of Great Britain over a State which
had for thirty-four years ceased to be part of the
Sultanate of Oman. Great Britain has not
sought in any way to alter the situation created
at Muscat by the Declaration of 1S62, and the
present controversy has arisen out of the action
of Prance in a manner inconsistent with the
obligations with regard to Muscat imposed upon
her by that Declaration.
It is quite true that disputes have arisen with
French Case, p. 49. aspect to the rights of France in Zanzibar,
somewhat similar to those submitted to the
Tribunal in respect to Muscat, and that France
has made claims there with regard to the protec
tion of Zanzibari and other Arabs and their
vessels, which were rejected as inadmissible by
French Case, p. 50. Great Britain; but these disputes have been
settled by an arrangement made the 13th May,
1904, which limits French protection to persons
who are originaires of countries under French
protection or are hand fide in French service.
If France were prepared to make a similar
arrangement as to Oman, she would then be
limiting her protection within the terms of the
British Case, p. 6. Treaty of the 17th November, 1814, and
abandoning her present ill-founded claim to pro
tect originaires of Oman who are not bond fide in
French service.