Page 28 - The Arabian Gulf States_Neat

xxviii I HI* LEGAL STATUS OF THE ARABIAN GULF STATES

State of Bahrain and the United Kingdom signed a 10-year Treaty of
Friendship.1 Before the formal declaration of her full independence
on 14 August 1971, Bahrain was legally described as a “protected
state" or as “an independent government in special treaty relations
: with Britain".2 Bahrain became a member of the League of Arab
States on 11 September 1971, and was admitted to membership of
the United Nations on 21 September, 1971.3
A. Constitutional System
Before her independence, Bahrain was ruled by the Amir
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: (previously entitled as Ruler) and the “Council of State", which
was established by the Decree issued on 19 January 1970.4 This
Council, composed of 12 members, including a legal adviser, was
delegated full administrative, executive and semi-legislative
powers. The establishment of the Council of State, which replaced a
former Administrative Council, marked a major step forward in the
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administrative and constitutional reforms in Bahrain. Under an
Amiri Decree issued on 15 August 1971,5 the Council of State was
given a cabinet status and its members, who continued to hold their
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responsibility as a sovereign independent state, he therefore proposed that:
“(1) The special treaty relations between the United Kingdom and the State of
Bahrain, which are inconsistent with full international reponsibility as a
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sovereign independent state, shall terminate with effect from today’s date
In his reply (Note No. 2), the Amir of Bahrain accepted the proposals of the
United Kingdom. The first Note and its reply constituted a binding Agreement
between the two States.
f-.. 1. Treaty Series No. 79 (1971), Comnd. 4828. The Treaty entered into force from
the date of its signature in Bahrain by His Highness the Amir of the State of
Bahrain, and by Sir Geoffrey Arthur, the British Political Resident in the Gulf,
representing the Government of the United Kingdom. The Treaty, comprising 4
Articles, provides that the “Contracting Parties, conscious of their common
interest in the peace and stability of the region, shall:
(a) consult together on matters of mutual concern in time of need;
(b) settle all their disputes by peaceful means in conformity with the
provisions of the charter of the United Nations,” (Art. 1.).
The treaty provides also for encouraging “educational, scientific and cultural
cooperation between the two states” and for maintaining “the close relations
already existing between them in the field of trade and commerce”. (Arts. 2 & 3).
2. See Chapter 8 of the book, below.
3. Bahrain applied for membership of the United Nations on 15 August 1971 (See
UN, Document SI 10291). The application was approved by the Security Council
on 18 August 1971, by Resolution 296 (1971). The recommendation from the
Security Council for the admission of Bahrain was approved by the General
Assembly on 21 September, 1971, by Resolution No. 2752 (XXVI).
4. See Decrees on the Administrative Organisation of the State: Decrees No. 1,2 &
3 for 1970, published in al-Jaridah al-Rasmiyah (Bahrain Official Gazette) No.
851, dated 22 January 1970.
5. Decree No. 2 for 1971 on the Administrative Reorganisation of the State,
al-Jaridah al-Rasmiyah, No. 930, dated 19 August 1971.