Page 201 - The Arabian Gulf States_Neat
P. 201

INTERNATIONAL RESPONSIBILITY               139
        law'.1 ‘In effect,* Starke says, ‘a double reference is required, first. . .
        to the law governing the relations between the protector and vassal
        slate, and then to the law of the subordinate state. The agencies of
        . . . the vassal state are, qua performance of international obligations,
        really agencies of those entities,.. . which alone have an autonomous
        international position.*2
        Conclusion
        Having discussed the various aspects of the Shaikhdoms’ delinquencies
        and the degree and nature of imputability of their responsibility to the
        Government of the United Kingdom, the question arises whether
        under some exceptional circumstance responsibility for these wrongs
        ceases to be imputable to the United Kingdom. In particular, this
        question brings to the fore the problem of Arab States’ economic
        boycott of Israel. Are legislative and economic measures enforced by
        the Rulers in their territories against Israel ipso facto imputable to
        the United Kingdom?
          Although it is not known whether the Government of Israel has
        delivered any such protest to the United Kingdom, it may be possible
        to say that such protests do not lie against the United Kingdom. The
        latter cannot, therefore, be held responsible for the Rulers' action in
        this respect. This is because the United Kingdom has no power to
        prevent the Rulers from prosecuting measures which are part of their
        own domestic jurisdiction and sovereignty so long as these measures
        do not cause injuries to foreign nationals in the Shaikhdoms, in the
        sense that they give rise to their international responsibility. It is
        clear that measures taken by the Rulers against Israel, trivial as they
        are, do not give rise to their international responsibility.3 Moreover,
        the United Kingdom has no power, in law, to rescind the Rulers'
        decrees imposing the Israeli boycott in their territories, since the
        United Kingdom’s legislation has no application in the Shaikhdoms
        which are independent governments.4 The United Kingdom, for her
        part, does not seem to have raised objections to the functions of the
        Israeli Boycott Offices which are established in most of the Shaikh­
        doms and which are affiliated to the Israeli Boycott Committee of the
        Arab League.5
          However, although it may be argued that the boycott measures
        taken by the Shaikhdoms against Israel do not give rise to their inter­
        national responsibility, the question arises whether a third State
          1 Starke, op. cit., p. 116.  2 Ibid.
          * It is to be noted that the Jews who live in the Gulf possess the citizenships of
        the Shaikhdoms concerned.   4 See above, p. 83.
          6 See Arab Observer; The Middle East News Magazine, 26 February 1961, p. 5,
        where Dr Ayedi, Commissioner General for the Economic Boycott of Israel,
        states: * ... the authorities in these emirates had assured him that regulations for
        the economic boycott of Israel were being strictly observed by them.*
   196   197   198   199   200   201   202   203   204   205   206