Page 178 - The Arabian Gulf States_Neat

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116 THE LEGAL STATUS OF THE ARABIAN GULF STATES
lo declare war independently of the United Kingdom or to become
neutral in a war declared by this Kingdom.1
It. is clear, therefore, that a declaration of war on the part of the
United Kingdom does not involve Muscat. Practice confirms this
view. Muscat was not affected by the declaration of war on 3 Septem­
ber 1939, against Germany, and to all appearances remained outside
this war. But it was reported in The Times that on 11 September 1939
The Sultan of Oman . . . has expressed his hope that the British Forces
may be successful and his desire to render such assistance as he can.2
This clearly shows that the Sultan supported the British cause in the
war of 1939 against Germany. But there was no formal declaration of
war by Muscat against Germany.
(ii) The Shoikhcbms
A more difficult question arises regarding the position of the Shaikh-
doms in respect of a war declared by the United Kingdom. It may be
presumed that the Shaikhdoms, having placed themselves under
British protection, have, impliedly, deprived themselves of the right
i to observe strict neutrality in a war declared by the United Kingdom.
1
However, it does not seem to follow that, as a consequence of their
protectorate relations, the Shaikhdoms are necessarily automatically
bound by a declaration of war on the part of the Queen of England.
While there is a consensus of opinion that a declaration of war by
the British Crown operates automatically in all British territories and,
most probably, in British colonial protectorates, there appears to be
some doubt whether such a declaration similarly operates in British
protected States or in protectorates (such as the former Ionian Pro­
tectorate) which are not internally governed by the Crown.3 There
1 See Chapter 6.
2 The Times, 11 September 1939.
3 On the question of automatic belligerency of the British Dominions, see Keith,
Dominions, op. cit., pp. 46-8, 605-6; Stewart, op. cit., pp. 380-8; Oppenheim, II,
p. 238. According to Oppenheim, ‘Since colonies are a part of the territory of the
empire or mother-country they fall within the region of a war between the latter
and another State, whatever their position may be within it.’ For the development
of the status of the British Commonwealth in this respect, see Nocl-Bakcr, P. J.,
The Present Juridical Status of the British Dominions in International Law (1939);
pp. 229-30; Stewart, op. cit., pp.'380-8. And sec Oppenheim, p. 207. Here the
author states: ‘However with the passing of the doctrines of the indivisibility of
the Crown and of common allegiance, it is doubtful whether there is any longer
room for the view that a declaration of war by any of the members of the Common­
wealth would involve in war all other members of the Commonwealth, including
Great Britain.* _ ,
Accordingly, it seems that at present a British declaration of war does not
automatically involve in war the Commonwealth of Nations. Sec for separate
declarations of war by the Commonwealth Members during the 1939 war against
Germany, Oppenheim, p. 207, n. (3); The Times, 11 September 1939.