Page 165 - The Arabian Gulf States_Neat

THE PRESENT LEGAL POSITION 103
The British Note to the Saudi Minister for Foreign Affairs, signed
by the British Minister at Jiddah, states:
I have the honour to inform your Royal Highness, in accordance with
instructions addressed to me by His Majesty’s Principal Secretary of State
for Foreign Affairs, that His Majesty's Government in the United Kingdom
have taken cognisance of the proceedings at the conference held in March
and April of this year between delegates of the Governments of Saudi
Arabia and Bahrain, and that they arc prepared to enter into an agreement,
on behalf of and with the consent of the Government of Bahrain regarding the
treatment of goods destined for or exported from ports in Saudi Arabia. . . .

The last paragraph of the Note (Paragraph 7) states:
I am instructed to suggest that, if the arrangements set forth above arc
agreeable to the Government of Saudi Arabia, your Royal Highness will
inform me accordingly, and that this note and your reply thereto shall be
held to constitute a binding agreement between the parties.
(Signed) Mr A. S. Calvert.
It can be seen from the above provisions that the negotiations for
the agreement in question took place directly between the Govern­
ments of Bahrain and Saudi Arabia without the participation of the
British Government, but that the agreement did not assume its
binding force in view of the British Government until the Notes were
exchanged between the United Kingdom Government and Saudi
Arabia. Nevertheless the italicised sentence in the first paragraph of
the Note suggests that the British Government did not consider itself
entitled to conclude such an agreement without first obtaining the
explicit consent of the Bahrain Government.

2. Treaties between Kuwait and Saudi Arabia, 1942
(a) Agreement for Friendship and Neighbourly Relations between The
Government of the United Kingdom (acting on behalf of His Highness the
Shaikh of Kuwait) and the Government of Saudi Arabia, Jiddah, 20
April 19421
(b) Trade Agreement between Kuwait and Saudi Arabia (The United
Kingdom Government acting on behalf of Kuwait), Jiddah, 20 April
19422
(c) Agreement for the Extradition of Offenders (The United Kingdom
Government acting on behalf of Kuwait), Jiddah, 20 April 1942?
Treaty Series, No. 1 (1942), Cmd. 6380; U.N. Treaty Series, No. 57, vol. 10,
p. 117.
2 Treaty Series, No. 2 (1942), Cmd. 6381; U.N. Treaty Series, No. 58, vol. 10,
p. 151.
3 Treaty Series, No. 3 (1942), Cmd. 63S6; U.N. Treaty Series, No. 56, vol. 10,
p. 99.