Page 322 - Records of Bahrain (6)_Neat

310 Records of Bahrain
THIS DOCUMENT IS THE PROPERTY OK HIS BRITANNIC MAJESTY’S GOVERNMENT

CONFIDENTIAL

ARABIA

No.
11C 1345/327/01]
[May 28, 1048]

Foreign Office to the Law Officers of the Crown

■ Foreign Office,
Gentlemen, 2lst February, 10*18
1 HAVE the honour to state, by direction of Mr. Secretary Devin, that jjAnnul*
there have recently been indications that the Persian Government may seek in
the near future to raise their supposed claim to Bahrein before the United SOVoroi£otj
Nations. In order to enable him to decide what course of action to adopt if
that event should happen, Mr. Bovin desires that the relevant papers he laid
before you together with the Report furnished by your predecessors in 1034.
You will observe that the Law Olficcrs in that Report advised that on the facts
submitted to them Persia had no rights, either or sovereignty or suzerainty in
or over Bahrein. Mr. Bovin would he glad if you would Lake into consideration
the papers enclosed together with those specified in paragraph 8 of Ibis letter
and report at your earliest convenience whether or not you confirm the above-
mentioned opinion expressed by your predecessors.
2. You will recall that in the case of the dispute with Guatemala regarding
British Honduras the course adopted was for llis Majesty’s Government to
accept the jurisdiction of the International Court of Justice, leaving it open to
Guatemala, if she so desired, to refer the dispute to the Court. It may be that
in the present ease it would ho expedient to follow the same line of action but.
in that event, Mr. Bovin would wish to he satisfied that there is no appreciable
risk of the Court deciding against His Majesty’s Government.
3. A memorandum regarding Bahrein is enclosed which was prepared in
this Ollico in anticipation of the possibility that it might be necessary to seek
your advice. This embodies the memoranda submitted to the Law Officers in
1034, and at pp. 58 01 will be found the reference to them and their report.
In paragraphs 155-174 of this memorandum the developments which Look place
between 1034 and 1040 are summarised. No incidents of any importance have
; ■ occurred since this memorandum was prepared which requires to be mentioned
to you.
i 4. You will observe that Bahrein is a small archipelago lying on the Arabian
littoral of the Persian Gulf. It is an independent sheikhdom under British
protection. Ilis Majesty’s Government control all the external relations of
Bahrein and also exercise jurisdiction in the territory over all foreigners, that
is to say over persons* who are not nationals of the Ruler of Bahrein or of other
. British •protected Arab States in the Persian Gulf. Bahrein was for sonic time
I before 1783 under Persian rule, but in that year the Persians were driven out
of the mainland of Arabia under the leadership of the direct ancestor of the
present ruling house. The history of Bnhrciu since 1783 is briefly outlined in the
reference to the Law Officers of 23rd July, 1034.
i i
5. in 1037 the Bahrein Government enacted a Nationality Law and a haw
regarding the ownership of immovable property in Bahrein by foroignorB. lno
Persian Government protested against these laws, staling that they were contrary
to the sovereignty of Persia over Bahrein. In 1042 correspondence took place
between the Persian and British Governments regarding postal services between
Persia uud Bahrein. Both Governments reserved their claims. These incidents,
though in themselves inconclusive, show that the Persian Government endeavouis
to keep its claims alive.
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