right of France 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 abuse the French flag for the purpose of escaping from search, the possibility of this abuse, which can be entirely suppressed by the accession of all Powers to Article 42 of the Brussels convention, can not affect the decision of this case, which must only rest on juridical grounds; Whereas, according to the Articles 31-41 of the Brussels Act, the grant of the flag to a native vessel is strictly limited to this vessel and its owner and [is] therefore not transmissible or transferable to any other person or to any other vessel, even if belonging to the same owner; Whereas Article 4 of the French-Muscat treaty of 1844 grants to those subjects of His Highness the Sultan of Muscat “qui seront au service des Français [who are in the employ of French citizens]" the same protection as to the French themselves, but whereas the owners, masters, and crews of dhows authorized to fly the French flag do not belong to that class of persons and still less do the members of their families; Whereas the withdrawal of these persons from the sovereignty, especially from the jurisdiction of His Highness the Sultan of Muscat, would be in contradiction with the declaration of March 10, 1862, by which France and Great Britain engaged themselves reciprocally to respect the independence of this Prince: For these reasons decides and pronounces as follows: 1. Dhows of Muscat authorized as aforesaid to fly the French flag are entitled in the territorial waters of Muscat to the inviolability provided by the French-Muscat treaty of November 17, 1844; 2. The authorization to fly the French flag can not be transmitted or transferred to any other person or to any other dhow, even if belonging to the same owner; 3. Subjects of the Sultan of Muscat, who are owners or masters of dhows authorized to fly the French 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 any right of extraterritoriality, 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 8, 1905. (Signed) H. LAMMASCH (Signed) MELVILLE W. FULLER (Signed) A. F. DE SAVORNIN LOHMAN AGREEMENT FOR ARBITRATION Agreement between Great Britain and France referring to arbitration the question of the grant of the French flag to Muscat dhows.Signed at London, October 13, 1904.1 Whereas the Government of His Britannic Majesty and that of the French Republic have thought it right, by the declaration of the 10th March, 1862, "to engage reciprocally to respect the independence" of His Highness the Sultan of Muscat; And whereas difficulties as to the scope of that declaration have arisen in relation to the issue, by the French Republic, to certain subjects of His Highness the Sultan of Muscat of papers authorizing them to fly the French flag, and also as to the nature of the privileges and immunities claimed by subjects of His Highness who are owners or masters of dhows and in possession of such papers or are members of the crew of such dhows and their families, especially as to the manner in which such privileges and immunities affect the jurisdiction of His Highness the Sultan over his said subjects: The undersigned, being duly authorized thereto by their respective Governments, hereby agree that these questions shall be determined by reference to arbitration, in accordance with the provisions of Article 1 of the convention concluded between the two countries on the 14th October last, and that the decision of the Hague tribunal shall be final. It is also hereby agreed as follows: ARTICLE 1 Each of the high contracting Parties shall nominate one arbitrator, and these two arbitrators shall together choose an umpire; if they can not agree within one month from the date of their appointment, the choice of an umpire shall be entrusted to His Majesty the King of 1Official report, p. 5. For the French text, see Appendix, p. 471. 2Post, p. 103. Italy. The arbitrators and the umpire shall not be subjects or citizens of either of the high contracting Parties, and shall be chosen from among the members of the Hague tribunal. ARTICLE 2 Each of the high contracting Parties shall, within three months from the signature of this agreement, deliver to each member of the tribunal hereby constituted, and to the other party, a written or printed case setting forth and arguing its claims, and a written or printed file containing the documents or any other evidence in writing or print on which it relies. Within three months after the delivery of the above-mentioned cases, each of the high contracting Parties shall deliver to each member of the tribunal, and to the other party, a written or printed counter-case, with the documents which support it. Within one month after the delivery of the counter-cases, each party may deliver to each arbitrator and to the other party a written or printed argument in support of its contentions. The time fixed by this agreement for the delivery of the case, counter-case, and argument may be extended by the mutual consent of the high contracting Parties. ARTICLE 3 The tribunal will meet at The Hague within a fortnight of the delivery of the arguments. Each party shall be represented by one agent. The tribunal may, if they shall deem further elucidation with regard to any point necessary, require from either agent an oral or written statement, but in such case the other party shall have the right to reply. ARTICLE 4 The decision of the tribunal shall be rendered within thirty days of its meeting at The Hague or of the delivery of the statements which may have been supplied at its request, unless, on the request of the tribunal, the contracting Parties shall agree to extend the period. ARTICLE 5 On all points not covered by this agreement, the provisions of the Conventions of The Hague of the 29th July, 1899, shall apply. Done in duplicate at London, the 13th day of October, 1904. [L. S.] LANDSDOWNE ADDITIONAL DOCUMENTS Extract from the Treaty of Friendship and Commerce between France and the Iman of Muscat, concluded at Zanzibar, November 17, 18441 3. French citizens shall have the right to buy, sell, or lease land, houses, and warehouses in the States of His Highness the Sultan of Muscat. No person shall, under any pretext whatsoever, penetrate or search the houses, warehouses, or other property possessed or occupied by French citizens, or by persons in the employ of French citizens, without the consent of the occupant, unless authorized by the French consul. French citizens shall not, under any pretext whatsoever, be detained against their will in the States of the Sultan of Muscat. 4. The subjects of His Highness the Sultan of Muscat who are in the employ of French citizens shall enjoy the same protection as the French citizens themselves; but, if they commit any crime or misdemeanor punishable by law, they shall be discharged by the French employers and delivered up to the local authorities. Declaration between Great Britain and France, engaging reciprocally to respect the Independence of the Sultans of Muscat and Zanzibar.-Signed at Paris, March 10, 1862.2 Her Majesty the Queen of the United Kingdom of Great Britain and Ireland and His Majesty the Emperor of the French, taking into consideration the importance of maintaining the independence of His Highness the Sultan of Muscat and His Highness the Sultan of Zanzibar, have thought it right to engage reciprocally to respect the independence of these sovereigns. The undersigned, Her Britannic Majesty's Ambassador Extraordinary and Plenipotentiary at the Court of France, and the Minister Secretary of State for Foreign Affairs of His Majesty the Emperor of the French, being furnished with the necessary powers, hereby declare, in consequence, that their said Majesties take reciprocally that engagement. In witness whereof, the undersigned have signed the present Declaration, and have affixed thereto the seals of their arms. Done at Paris, the 10th March, 1862. 'Translation. For the original French text, see Appendix, p. 473. 2British and Foreign State Papers, vol. 57, p. 785. For the French text, see Appendix, p. 473. Extract from the General Act of Brussels of July 2, 1890, for the Suppression of the African Slave Trade1 SECTION II.-REGULATION CONCERNING THE USE OF THE FLAG AND SUPERVISION BY CRUISERS 1. rules for GRANTING THE FLAG TO NATIVE Vessels, and as to CREW LIST AND MANIFESTS OF BLACK PASSENGERS ON BOARD ARTICLE 30 The signatory Powers engage to exercise a strict surveillance over native vessels authorized to carry their flag in the zone mentioned in Article 21, and over the commercial operations carried on by such vessels. ARTICLE 31 The term "native vessel" applies to vessels fulfilling one of the following conditions: 1. It shall present the outward appearance of native build or rigging. 2. It shall be manned by a crew of whom the captain and a majority of the seamen belong by origin to one of the countries on the coast of the Indian Ocean, the Red Sea, or the Persian Gulf. ARTICLE 32 The authorization to carry the flag of one of the said Powers shall in future be granted only to such native vessels as shall satisfy at the same time the three following conditions: 1. Fitters-out or owners of ships must be either subjects of or persons protected by the Power whose flag they ask to carry. 2. They shall be obliged to prove that they possess real estate situated in the district of the authority to whom their application is addressed, or to furnish bona fide security as a guaranty of the payment of such fines as may be incurred. 3. The above-named fitters-out or owners of ships, as well as the captain of the vessel, shall prove that they enjoy a good reputation, and that in particular they have never been sentenced to punishment for acts connected with the slave trade. 1Translation. For the original French text, see Appendix, p. 474. |