The accompanying Case, together with the documents, official correspondence, and other evidence on which the Government of Great Britain relies, is delivered pursuant to this Agreement and to the procedure of this Court.

INTRODUCTORY STATEMENT.

1. HIS Highness the Sultan of Muscat is an independent Mussulman Sovereign whose dominions comprise that part of the Arabian Peninsula known as Oman.

2. On the 17th November, 1844, a Treaty of Friendship and Commerce was concluded between the Governments of France and Muscat. The ratifications of the Treaty were exchanged on the 6th February, 1846; the Treaty was promulgated by an Ordinance of King Louis Philippe, dated the 22nd July, 1846, and has from that date until the present time remained in full force and effect.

The full text of the Treaty is given in the Appendix No. 2. Appendix to this Case. The following Articles

have a special bearing on the questions now in dispute :

"ARTICLE II.

"Les sujets de Son Altesse l'Iman de Mascate pourront, en toute liberté, entrer, résider, commercer, et circuler en France, avec leurs marchandises. Les Français jouiront de la même liberté dans les États de Son Altesse le Sultan de Mascate, et les sujets de chacun des deux pays auront réciproquement droit, dans l'autre, à tous les privilèges et avantages qui sont ou pourront être accordés aux sujets des nations les plus favorisées.

"ARTICLE III.

"Les Français auront la faculté d'acheter, de vendre, ou de prendre à bail des terres, maisons, magasins, dans les États de Son Altesse le Sultan de Mascate. Nul ne pourra, sous aucun prétexte, pénétrer dans les maisons, magasins, et autres propriétés, possédés ou occupés par des Français ou par des personnes au service des Français, ni les visiter sans le consentement de l'occupant, à moins que ce ne soit avec l'intervention du Consul de France.

"Les Français ne pourront, sous aucun prétexte, être retenus contre leur volonté dans les États du Sultan de Mascate.

August 5, 1890.

Appendix No. 3.

de Son Altesse sont convaincus de quelque crime ou infraction punissable par la loi, ils seront congédiés par les Français au service desquels ils se trouveraient, et livrés aux autorités locales.

4. When this Treaty was concluded the dominions of the Sultan of Muscat included the territories of Zanzibar, which became au independent Sultanate in 1856, and in 1890 fell under the Protectorate of Great Britain, in virtue of arrangements made with France and Germany.

5. The Sultan of Muscat has also from time to time concluded Treaties of Friendship and Commerce with Great Britain. The Treaty at present in force was concluded on the 19th August, 1891, and the ratifications were exchanged at Muscat on the 20th February, 1892. The full text of the Treaty is given in the Appendix to this Case. The following Articles appear to be material to the present controversy, as affecting the application of the most-favoured-nation clause in the French Treaty of 1844 :

"ARTICLE II.

"Subjects of Her Britannic Majesty shall, for the purposes of this Treaty, include subjects of native States in India in alliance with Her Majesty. Such subjects shall enjoy, immediately and unconditionally, throughout the dominions of His Highness the Sultan of Muscat, with respect to commerce, shipping, and the exercise of trade, as in every other respect, all the rights, privileges, immunities, advantages, and protection of whatsoever nature, which are, or hereafter may be, enjoyed by, or accorded to, the subjects or citizens of the most favoured nation.

"They shall, more especially, not be liable to other or more onerous duties, imposts, restrictions, or obligations of whatever description, than those to which subjects or citizens of the most favoured nation now are, or hereafter may be, subjected.

"ARTICLE XIII.

"Subjects of Her Britannic Majesty shall, as regards their person and property, enjoy within the dominions of His Highness the Sultan of Muscat the rights of exterritoriality.

"The authorities of His Highness the Sultan have no right to interfere in disputes with subjects of Her Britannic Majesty amongst themselves or between them and members of other Christian nations; such questions, whether of a civil or criminal nature, shall be decided by the competent Consular authorities. The trial and also the punishment of all offences and crimes of which British subjects may be accused within [1413]

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the dominions of His Highness the Sultan, also the hearing and settlement of all civil questions, claims, or disputes in which they are the defendants, is expressly reserved to the British Consular authorities and Courts, and removed from the jurisdiction of His Highness the Sultan.

"Should disputes arise between subjects of His Highness the Sultan or other non-Christian Power, not represented by Consuls at Muscat, and a subject of Her Britannic Majesty, in which the British subject is the plaintiff or complainant, the matter shall be brought before and decided by the highest authority of the Sultan, or some person specially delegated by him for this purpose. The proceedings and final

decision in such a case shall not, however, be considered legal unless notice has been given and an opportunity afforded for the British Consul or his substitute to attend at the hearing and final decision.

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"ARTICLE XIV.

Subjects of His Highness the Sultan, or any nonChristian nation, not represented by Consuls at Muscat, who are in the regular service of British subjects within the dominions of His Highness the Sultan of Muscat, shall enjoy the same protection as British subjects themselves.

"Should they be charged with having committed a crime or serious offence punishable by law, they shall, on sufficient evidence being shown to justify further proceedings, be handed over by British employers or by order of the British Consul, to the authorities of His Highness the Sultan for trial and punishment.