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5

Relations with Kuwait

On 19 June 1961 the United Kingdom concluded with the Ruler of
Kuwait, the late Shaikh rAbd Allah al-Salim Al-Sabah, a new treaty
by virtue of which the former recognised Kuwait as a sovereign in­
dependent State. The treaty, entitled ‘Exchange of Notes Regarding
Relations Between the United Kingdom of Great Britain and North­
ern Ireland and the State of Kuwait, June 19, 1961’,1 takes ‘account of
the fact' that His Highness the Ruler ‘has the sole responsibility for the
:
conduct of Kuwait’s internal and external affairs’, and sets down the
conclusions reached in the course of discussions between the Ruler and
Her Majesty’s Political Resident in the Arabian Gulf in the following
terms:
(a) The Agreement of the 23rd of January, 1899, shall be terminated as
being inconsistent with the sovereignty and independence of Kuwait.
(b) The relations between the two countries shall continue to be governed
by a spirit of close friendship.
(c) When appropriate the two Governments shall consult together on
matters which concern them both.
(d) Nothing in these conclusions shall affect the readiness of Her Majesty’s
Government to assist the Government of Kuwait if the latter request such
assistance.

Further, a concluding paragraph states that the treaty ‘shall con­
tinue in force until either party gives the other at least three years’
notice of their intention to terminate it, and that the Agreement of
the 23rd of January, 1899, shall be regarded as terminated on this
day’s date’.
It is clear that Kuwait, which had in the past enjoyed certain
aspects of international personality, has become, as from June 1961,
a fully fledged member of the society of independent nations. It
may be argued, however, that provision (d) in the above treaty, which
connotes a British pledge for military defence of Kuwait, constitutes,
in effect, an impediment to the proclaimed independence of Kuwait.
But this contention appears to be groundless since it overlooks the
fact that the British pledge to ‘assist’ Kuwait at the latter’s request
derives its basis from a freely negotiated, and an internationally
recognised, instrument between two sovereign States. The Treaty of
19 June 1961, which constituted a formal recognition by Britain of
1 U.K.T.S., No. 1 (1961), Cmnd. 1409. For text see Appendix XI.
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