Page 81 - Historical Summaries (Persian Gulf - Vol II) 1907-1953

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36. In 1950 a proposal to advise the Ruler to employ a legal expert was
considered but dropped lor the time being as other matters were considered more
urgent.C'6) When Sir Eric Beckett visited Kuwait in 1952 he recommended to the
Ruler the appointment of a competent lawyer and the development of his law on
modern lines but failed to make any impression. On his return he recommended
that the Ruler should be persuaded to accept a British Legal Adviser to act as
legislative draftsman and to take charge of the administration of certain types of
local laws.C7) All efforts, however, to persuade the Ruler to appoint a British legal
expert have failed. Although in 1952 he consulted the Political Agent about the
law of liability,C") he has, generally speaking, refused to accept any advice about the
drafting of his laws. In 1953, when draft Traffic Regulations were presented for
his approval, he rejected them in favour of a draft which was being prepared by
his own people. He has further refused to accept a proposal for a joint court
to try cases in which both his subjects and persons subject to the Order-in-Council
are involved. In judicial and legislative, as well as in educational matters, the
Ruler and his family appear anxious to preserve their independence and exclude
British interference.
III.—The Neutral Zone
37. The Neutral Zone was defined in the Kuwait-Najd Boundary Convention
of 1922(5*) in which it was stated that in the territory concerned “ the Governments
of Najd and Kuwait will share equal rights until through the good offices of the
Government of Great Britain a further agreement is made between Najd and
Kuwait concerning it.” Sir Percy Cox reported that the reason for the creation of
this Zone was that a rumour had been started that signs of oil had been noticed in
the neighbourhood of Khor Maqta, and that he did not feel able to agree to the
allocation of the territory to either party until the rumour had been set at rest.(‘°)
Although Shaikh Ahmad accepted the Boundary Convention he looked upon the
Zone as his by right and for long hoped that it would revert to him on lbn Saud’s
death. It was largely on this account that in 1934, when a Saudi official suggested
a geographical partition of the Zone, the Political Agent strongly recommended
that the suggestion should not be passed on to the Ruler for fear of incurring his
resentment(M) and it was accordingly not pursued. In 1940 after the terms of a Trade
Agreement between Kuwait and Saudi Arabia had been settled (paragraph 144
below) the Saudis wished to establish a customs post at Wafrah in the Zone. His
Majesty’s Government supported the Ruler’s objections to this proposal^2) and it
was not proceeded with. It was not until 1946, when he perhaps realised that
lbn Saud was likely to outlive him, that Ahmad abandoned his hope of obtaining
possession of the whole of the Zone and announced his willingness to grant an oil
concession for his undivided share of it.
38. In 1952 in correspondence about the islands lying off the Neutral Zone
the Saudi Arabian Government stated that they considered that the Neutral Zone
and all pertaining to it was held in partnership between them and Kuwait and that
both had equal rights. They therefore requested that Kuwait should not take any
unilateral action in the Zone.(63) In replying to this Her Majesty’s Government
pointed out that in the absence of any agreement specifying the way in which the
equal rights should be exercised both Governments had necessarily acted
unilaterally in such matters as the granting of oil concessions, but that it was their
view that no such unilateral action could affect the equal rights which the two
Governments shared.(e4)
39. The territory is waterless and ordinarily uninhabited and no political
question of importance arose regarding it until the Ruler of Kuwat and lbn Saud
granted concessions to oil companies for their undivided shares in it in 1948 ana
1949 respectively. While negotiations for a concession were in progress at Kuwait
the possibility of the geographical division of the Zone between the two countries
(3‘) FO to P.R. Despatch 94 (EA 1018/47) of December 21. 1950.
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(Mj Jcdda to F.O. Despatch No. 60 of June 22. 1940 (E 1801/227/25 of 1940).
/•*{ jcdda to F.O. 1085/35/32 of September 17. 1952 (EA 1087/23 of 1952).
(*4) F.O. to Jcdda. Despatch 118 of October 20. 1952 (EA 1087/24 of 1952).