Page 323 - Records of Bahrain (6)_Neat

Persian claim to Bahrain, 1948 311

2 ARABIA
0. Porsin has repeatedly, and very frequently, made claims to sovereignty
over Bahrein at brief intervals and at various dates since 1822 (sec para­
graph 147 (c) of the Memorandum). The question arises what legal effect should
ho attributed to theso protests. On the other hand, Ilis Majesty’s Government
have consistently since 1820 treated the Sheikh of Bahrein as an independent
sovereign from tho internal point of view, though his external relations aro
conducted exclusively by Great Britain. The right of ilia Majesty’s Government
to exclusive control of the Sheikh’s external relations is based on treaty engage­
ments with Bahrein. It is difficult to see how the Persian protests can affect
the validity of the position thus created in international law.
7. Tho Persian Government would doubtless maintain that theso protests
nevertheless prevented its titlo being extinguished by operation of time, that
it had never abandoned its title to Bahrein, and that past rulers of Bahrein
have ackuowleded Persian suzerainty. The evidence on these matters is set
out in paragraphs 147-152 of the memorandum, and was laid before your
predecessors.
8. The most important legal issue which is raised by the above arguments
is that of prescription, from its two aspects, extinctive and acquisitive; that is
to say, extinctive in relation to the Persian claim (if uny) and acquisitive in
relation to the British claim to a special position as protecting Powor in Bahrein.
The legal authorities on tho subject of prescription and abandonment were
collected in Paper B of the Memorandum on the Falkland Islands submitted to
you with the reference of 21sl December, 194G. The authorities regarding
occupation are also set out in that paper, and in Paper B of the Memorandum
on (lie Dependencies submitted to you on 1st February, 1947.
9. I am directed to request that you take the enclosed papers into considera­
tion and report—
(a) whether you confirm, in the light of subsequent developments, the opinion
expressed by your predecessors in 1934;
(b) whether Ilis Majesty's Government could safely adopt in this matter
the course of action followed in tho case of British Honduras; or
whether if such a course were adopted there would bo any uppreuiablo
risk of a decision being reached by the International Court adverse
to Ilis Majesty’s Government.
I have, &o.
W. K. BRCKKTT.

Kudos urc

Printed Memorandum regarding Bahrein (Confidential 17185)

[K 7303/327/91J
Ojrinion oj the Law Officers of the Crown
(' ir*- ,U ?ar y a,u, jiwdiasval history of the Island of Bahrein in tho Porsiau
vjulf nj obscure, although it would appear lhat before they became subject to
i p 0,,(’uffl,?j5C 1,1 Mjp sixteenth century there wore at least considerable periods
o 1 cryiail Rule. During part of tho seventeenth century and, perhaps moro
precariously, during part of the eighteenth, the Persians wero again exercising
sovereignty. In 1783 however, tribes from the Arabian mainland overran tho
slands and compelled the capitulation of the Persian Garrison. Since then,
apait from one or two brief interludes and despite constantly reiterated claims
Y , S!’81"’* , occasional and competing claims by Muscat, tho Wahabis, Kgypt
nl turkey, tho Islands have been the subject of an Arab Sheikhdom wliicli,
If? ye understand, has descended in direct lino to tho present occupant. His
Majesty has had Ireaty relations with the Shaikhs since 1820 and the Islands
ive long been regarded, a), least by ourselvos, ns a British Protectorate.
iTB. * lOW?vor' novop formally acquiesced in this position or abandoned
nci claims to sovereignty ovor Porsia. And although thcro has boon no period