Page 167 - The Arabian Gulf States_Neat

THE PRESENT LEGAL POSITION 105
departure from the established practice regarding the procedure of
concluding agreements between the Shaikhdoms and third States. The
significant features of the agreement are that it was negotiated, con­
cluded and ratified personally by the Ruler of Bahrain, representing
his Government, and King Safud during a friendly visit by the Ruler
of Bahrain to Saudi Arabia. Thus, contrary to former practice, the
United Kingdom took no actual part in its conclusion or ratification.
However, it appears from two private letters which were exchanged
between the Ruler of Bahrain and the British Political Agent in
Bahrain, after the Ruler’s return from his visit to Saudi Arabia, that
the ‘consent’ of the British Government required for the validation
of the Agreement was given after its conclusion.
Because of the new light which these two letters shed on the con­
clusion and ratification of the agreement by the Ruler and the procc-
•dure by which the United Kingdom communicated her approval, it
seems desirable to quote some relevant extracts from these letters.
On 16 Ramadhcm 1377, corresponding 5 April 1958, the Ruler of
Bahrain wrote a letter to the British Political Agent in Bahrain in the
following terms:

With reference to the letter of His Excellency the Political Resident of
21st December, 1957, concerning the frontiers between Bahrain and Saudi
Arabia, and what was mentioned in it about the possibility of settling the
matter directly by us and Saudi Arabia, and concerning the agreement of
Her Majesty's Government to that step. . . .
During our visit to Riyyad an offer for a frontier settlement was presented
to us. We studied, amended and gave it initial signature because wc saw
that it was in the interest of our country. That term of settlement was pre­
sented to His Excellency the Resident and yourself immediately on our
return, and when it received your acceptance we arranged for ratification of
the agreement in a final form, copies of which were sent to your Excellency
together with a frontier map.
Wc are aware of the fact that the agreement docs not include all the
required points to implement it. As it was ratified in a friendly attitude and
good will, we thought it best not to try to include them in the text of the
agreement itself, leaving it to the suitable time to deal with it, at which it
could be cleared by an agreement acceptable to both parties.
Finally, we consider that agreement which wc have made is in the interest
of our country and Government, and we therefore ratified it after it having
met our and your acceptance.
(Signed) Salman bin Hamad Al-Khalifa.1

'This is a translation by the Bahrain Government Secretariat of an Arabic
letter from the Ruler of Bahrain to the British Political Agent in Bahrain, obtained
from the Archives of the Bahrain Government, Secretariat, File of Confidential
Correspondence Regarding Ba/irain-Sandi Arab Boundaries, 1959.