Page 240 - The Arabian Gulf States_Neat

178 TIIn LEGAL STATUS OF THE ARABIAN GULF STATES
State activity, ceases to be exercised.1 However, it may be stated, as an
exception to this principle, that in the ease of an uninhabited territory
(i.e., islets, rocky islands, etc.), the other element of exercising in a
positive manner State authority is not required. Thus, in the Clipperton
Island ease, it was decided for France that she did not lose her right on
the uninhabited Clipperton Island
by derelictio since she never had the animus of abandoning the island, and
the fact that she has not exercised her authority there in a positive manner
does not imply the forfeiture of an acquisition already definitely perfected.2
In the case of Bahrain, an inhabited territory, the two elements of
the intention to retain the territory, or the animus, and the positive
exercise of State authority are both required for the establishment of
Persia's title to the island. It has been argued by two Iranian writers,
in support of their country’s claim, that Persia never abandoned
Bahrain, after the events of 1783, and still retains the animus.3 But
this animus, or the mere assertion of title by Persia, is not sufficient,
if it was not followed by the exercise of State authority in Bahrain
after 1783. Accordingly, Majid Khadduri rightly points out that the
Bahrain case ‘would be analogous to the Palmas case, rather than the
Clipperton case’,4 since in this case, which will be explained more
fully later, the principle of the peaceful and continuous display of
authority is required as a basis for title to an inhabited territory.
(b) Conquest: If Persia has not acquired title to Bahrain on the ground
of occupation, the question arises whether she acquired such title by
conquest? For the legal evaluation of this question, it is necessary to
refer to the conditions required for the acquisition of territory by
conquest.
Conquest is defined as
the acquisition of the territory of an enemy by its complete and final sub­
jugation and a declaration of the conquering state's intention to annex it.s

According to Norman Hill, title by conquest involves three elements:
Actual possession based upon force, an announcement of intention to
retain the territory and an ability to hold it.0
1 Schwarzcnberger, p. 298; Bricrly, p. 152.
2 A.J.I.L. (1932), op. cit., pp. 390-4. See also Schwarzcnberger, p. 298, where he
quotes the following from the Award: ‘In that of a relinquished and uninhabited
island, as the Clipperton Island, an initial display of sovereignty may suffice even
to maintain the title . . .*
3 Esmaili, Malek, Le golfe persique ct les iles de Bahrein (1938) pp. -UU 4,
Adamiyat, Fcreydoun, Bahrein Islands, A Legal and Diplomatic Study of the
British-Iranian Controversy (1955), p. 229. , , , f . ,10,n
4 Khadduri, M., ‘Iran’s Claim to Sovereignty of Bahrayn , A.J.I.L., 45 (J J5JJ,
p 638. 1 Brierly, p. 155.
1 c Hill, N., Claims to Territory in International Law and Relations (1945) p. 161.