Page 138 - The Arabian Gulf States_Neat
P. 138
A 1
76 THE LEGAL STATUS OF THE ARABIAN GULF STATES
The Saudi Arabian Government appears to have taken the view
that correspondence and friendly relations between the Shaikhdoms
and Saudi Arabia, without the mediation of the British Government,
existed both before and after the conclusion of the Anglo-Saudi Treaty
of Jiddah of 1927. Consequently there was nothing in this Treaty
which prohibits Saudi Arabia from communicating directly with the
; Shaikhdoms on matters relating to the maintenance of the peaceful
relations between the former and the latter. British treaties with the
Shaikhdoms seem to have been regarded as having no binding force
vis-a-vis Saudi Arabia.
\
Aspects of international personality
Meanwhile, however, it appears that the Shaikhdoms, despite their
treaty obligations to the United Kingdom, have not actually remained
beyond the pale of the international society of independent nations.
Thus, they have not, for example, been dissuaded by the terms of their
treaties from negotiating and concluding, directly, with the investors
of foreign oil concerns agreements for the exploitation of their oil
resources.1 Moreover, the Rulers have, on various occasions, exercised
--- acts of sovereignty in respect of a number of matters touching upon
the heart of their international relations. For example, some of the
Shaikhdoms have negotiated and concluded with neighbouring States
treaties and agreements of extradition, friendly relations, commerce
and boundaries.2 One of the Shaikhdoms, namely Kuwait, acceded
to international conventions and became a member of a number of
Inter-Governmental Organisations long before attaining her inde
pendence in 1961.3 Moreover, other Shaikhdoms, namely Bahrain
and Qatar, have obtained associate membership in one or two
International Organisations, such as UNESCO and WHO. Again,
in the field of Arab international relations, some of the Shaikhdoms, in
particular Kuwait, Bahrain and Qatar, have taken part, since 1956,
in various social and economic activities, in conjunction with other
Rulers of the Gulf Shaikhdoms directly, without reference to the British Govern
ment, in various matters affecting trade relations or offshore boundaries. For
example, she concluded in 1958 and 1965 offshore and onshore boundary agree
ments with Bahrain and Qatar, respectively, without using British Foreign Office
channels.
1 It is not suggested, however, that these concessions were given without the
consent of the British Government. But the practice has shown that the Rulers
have negotiated these agreements themselves with foreign companies of different
nationalities. Thus, the Rulers have exercised the right of granting oil concessions
to non-British companies on terms favourable to themselves. The British Govern
ment, says Sir Rupert Hay, does not interfere ‘in commercial negotiations’ between
the Rulers and oil companies. See Hay’s book, op. cit., pp. 66-7.
2 The legal nature of these various agreements is examined below, p. 102 et seq.
3 See below, p. 112 et seq. The same principle applies to Bahrain and Qatar.