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96 THE LEGAL STATUS OF THE ARABIAN GULF STATES

United Kingdom? Has the United Kingdom reserved for herself the
right to interpret these treaties at her own discretion?
These are difficult questions to answer. However, it appears, in
view of what has been stated above, that the United Kingdom would
object to referring these treaties to an impartial tribunal for inter­
pretation in cases of disagreement between her and the Rulers on the
obligations arising from such treaties. Thus, interpretation of these
treaties by the International Court of Justice is ruled out on the
ground that they arc not treaties between independent States.1 Nor
does their interpretation lie within the jurisdiction of British courts.
The latter would regard them as acts of state which ‘cannot be chal­
lenged, controlled, or interfered with by municipal courts’.2
In the controversy which arose in 1958 between the United King­
dom and the Sultan of Lahej, the former appears to have taken the
view that she retains discretionary powers to interpret obligations
arising from treaties of protection between her and a State under her
protection. The facts, as revealed in this controversy, were that the
Sultan was alleged to have made an approach to President Nasser
with a view to joining the United Arab Republic. The United Kingdom
took the view that any such approach would have been a breach of the
treaty of 1952, by which the Sultan agreed to refrain
from entering into any political correspondence, agreement or treaty with
any foreign state or government except with the knowledge and sanction of
Her Majesty's Government.3

Consequently, in reply to a question in the House of Commons about
the precise nature of the protest made by the Sultan of Lahej about

1945, provides that ‘Any independent Arab State has the right to become a
member of the League.’ However, according to Article 2 of the Economic Council
of the Arab League, ‘Any Arab country which is not a member of the Arab League
has the right to join the Council.’ Accordingly, Kuwait which did not, at the time,
qualify for membership in the Arab League, was able to join the League's Economic
Council. Sec The Arab League, Press Release (Arabic), 4th Year, No. 38, Cairo,
25 June 1959; the Financial Times, 30 January 1961.
1 See above, pp. 87-90.
2 See Wade, E. C. S., ‘Acts of State in English Law: Its Relations with Inter­
national Law’, B.Y.I.L., 15 (1934), pp. 102 et seq. At p. 105, the writer states:
‘If the municipal system treats certain acts of the sovereign power, be they in
regard to internal or external policy, as conclusive, it is not competent for the
municipal courts to control these acts, as they are outside their jurisdiction. Their
Jcpality or illegality in another jurisdiction, that of international law, is irrelevant.
Sec also Salomon v. Secretary of State for India [1906] 1 K.B. 613; Doss v. Secretary
of State for India [1875] 5 L.R. 19 Eq. 509. ,
2 See The Times, 17 April 1958; Ibid., 1 May 1958. It is reported here that the
Sultan denied ‘reports that he was thinking of abrogating the Protectorate treaty
and joining the United Arab Republic .