"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". [ظ‎‎٨‎٢] (٢٠٨/١٧٧)

10
CAPITULATIONS AND EXTERRI
TORIALITY.
His Majesty's Government cannot accept the "Conclusions
theory propounded under this head of the " Con- ^ 0 ^P , ^ rneiltaires '
elusions Complementaires," that there is as
between Christian and Mahommedan States any
"regime des Capitulations" apart from agreement.
No Power has or can have any jurisdiction within
the territory of another Power, except by the
consent of the latter. That consent may be
evidenced by formal Treaties or Capitulations
or by long continued usage, but the principle is
the same in both cases. Any such powers can be
exercised in the very nature of things only
with the consent of the Government of the
country in which they are claimed.
The extent of the privileges of this nature
enjoyed by foreign Powers differs greatly in
different countries. There is no such thing as a
general usage as to a " regime des Capitulations.
The "regime des Capitalations " can have refer
ence only to the terms which have been conceded
by the Government of each particular country in
which it is claimed.
It is contended in the penultimate paragraph "Conclusions
of the "Conclusions Complementaires" under
this head that reference may be made to "usages
etablis " for the purpose of ascertaining the rights
of exterritoriality enjoyed by an occidental Power
within the dominions of an oriental Power.
This is true if it refers to the usages which have
grown up in that particular country in favour
of the Power claiming the immunities; but is
absolutely fallacious if it is meant to refer to a
general body of usages capable of application to
all such countries.
His Majesty's Government would also remind
the Tribunal that France invokes her theory of
Capitulations in order to justify protection not
of Christian Europeans, but of Mussu lm an
Omanis.
The incident with reference to the Portuguese
barque the "Aurora," which was engaged in
canying contraband into Morocco appears to be
quite irrelevant to the matters under discussion,
and it amounts merely to this, that the Government
of Morocco conceded to the Portuguese Govern-