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140 THE LEGAL STATUS OF THE ARABIAN GULF STATES
friendly with the Shaikhdoms is entitled to protest diplomatically
against measures taken in pursuance of this boycott, if such measures
a fleet, directly or indirectly, the economic interests of its nationals
who trade with Israel. In particular, this question relates to a protest
which was made recently by the Government of the United States
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against some of the activities of the Kuwait Boycott Office. Thus, the
United States was reported to have protested to the Government of
Kuwait for alleged ‘unwarranted interference in the commercial
relationships of business firms’. This protest was made in consequence
i of letters sent to a large number of United States’ commercial firms by
the Israel Boycott Office in Kuwait in which they were asked to
‘clarify the nature of their relations’ with Israel and Israeli commercial
i
concerns.1 It is not known what reply was made by Kuwait to this
protest. But it is noteworthy that the reports give the impression that
the United States’ protest was made directly to the Kuwait Govern
ment and not through the diplomatic channels of the United King
dom.2 This may well suggest that the United States had then recognised
1 the international personality of Kuwait.3
RESPONSIBILITY FOR PROTECTION OF
I NATIONALS OF THE GULF STATES
It has been mentioned above that nationals of the Gulf States are
treated, for the purposes of international law, as British nationals
and that they, therefore, enjoy British diplomatic protection abroad.4
According to Oppenheim,
A State may afford diplomatic protection to the subjects of a protected
State or any other area under its protection or jurisdiction which does not
form part of its territory.8
This principle was reaffirmed in the case National Bank of Egypt v.
Austro-Hungarian Bank (Anglo-Austrian Mixed Arbitral Tribunal),
13 July 1923.6 Is the British Government, by virtue of its diplomatic
protection of nationals of the Gulf States abroad, entitled to espouse
the claims of these nationals against foreign States?
Nationality of claims of British Protected Persons
The general principle regarding the nationality of claims is that a
State is not entitled to espouse the claims of its nationals unless they
possessed the nationality of the claimant State at the time of the
occurrence of injuries to them and continued to do so until the claims
1 See The New York Times, International Edition, Amsterdam, 28 August I960;
Middle East Journal, Autumn, 14 (1960), p. 449. 2 Ibid. . .
3 For a discussion about the international personality of Kuwait before inaepen-
dence, sec above, pp. 76-7. 4 Sec above, p. 127. 6 Oppenheim, pp. 646-7, n. J.
• Annual Digest, 1923-4, case No. 10.