'Muscat Dhows Arbitration. In the Permanent Court of Arbitration at the Hague. Grant of the French Flag to Muscat Dhows. The case on behalf of the Government of His Britannic Majesty.' [‎87r] (192/208)

this Act was not in contradiction with any international obligation
of France,
FOR THESE REASONS,
decides and pronounces as follows :
1°. before the 2ad of January 1892 France was entitled to authorize vessels belonging
to subjects of His Highness the Sultan of Muscat to fly the French flag, only
bound by her own legislation and administrative rules;
2°. owners of dhows, who before 1892 have been authorized by France to fly the
French flag, retain this authorization as long as France renews it to the grantee;
3°. after January 2, 1892 France was not entitled to authorize vessels belonging to
subjects of His Highness the Sultan of Muscat to fly the French flag, except on
condition that their owners or fitters-out had established or should establish that
they had been considered and treated by France as her "proteges" before
the year 1863;
AS TO THE 2ND QUESTION:
Whereas the legal situation of vessels flying foreign flags and of the
owners of such'vessels in the territorial waters of an Oriental State is
determined by the general principles of jurisdiction, by the capitulations
or other treaties and by the practice resulting therefrom.
Whereas the terms of the Treaty of Friendship and Commerce
between France and the Iman of Muscat of November 17, 1844 are,
particularly in view of the language of article 3 "Nul ne pourra, sous aucun
pr6texte, p6netrer dans les maisons, magasins et autres propri6t6s, possed6s
ou occup^s par des Frangais ou par des personnes au service des Frangais,
ni les visiter sans le consentement de I'occupant, k moins que ce ne
soit avec Tintervention du Consul de France", comprehensive enough
to emb race vessels as well as other pro perty.
Whereas, although it cannot be denied that by admitting the 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, cannot 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