Page 288 - The Arabian Gulf States_Neat

226 THE LEGAL STATUS OF THE ARABIAN GULF STATES
it is therefore difficult to answer this question in the affirmative. The
Saudi Government for its part contends that its sovereignty over
Buraimi and the disputed areas which are subject to Article 11(a)
of the Arbitration Agreement has never been extinguished. In support
of this claim it gives certain facts as evidence of its continuous and
peaceful exercise of authority in the disputed territories. These facts
which are expounded in full detail in the Saudi Memorial relate to
the following:

(a) The presence in the disputed areas, including al-Jiwa (Liwa),
of Saudi tribes such as Al-Murrah and the Manasir whose diralis are
claimed to be within ‘the region westward of Sabkhat Matti\ As
regards Buraimi, there the allegiance of the Nu'aim to Saudi Arabia
is claimed.1 (b) The systematic collection of zakah, the religious tithe,
from the inhabitants of the disputed areas: Zakah payments from
members of such tribes as Al-Murrah, the Manasir, the Avvamir and
Nuaim are claimed.2 (c) The preservation of public security.3

Consequently, the Saudi Government argues that its sovereignty
over the disputed areas, ‘as based essentially on effective possession
lofigi temporis\ has not been lost as a result of the temporary interrup­
tion of Saudi authority in 1873 (actually 1869).4
I The validity of the Anglo-Turkish Conventions of 1913 and 1914

vis-a-vis Saudi Arabia
Since Saudi Arabia was not originally a party to any of these conven­
tions, she cannot, therefore, be bound by them unless it is established
that (a) they were perfectly valid instruments, and (b) they devolved
upon her as a successor State of the Ottoman Government.

(a) The formal validity of the Conventions
As regards the Convention of 29 July 1913, it has been explained
above that this instrument was not ratified within the prescribed period

1 Saudi Memorial, I, pp. 488-504.
2 Ibid. In the third volume of the Saudi Memorial eighteen tax registers have
been reproduced. The volumes given cover ‘the years from 1354 (1935-6) to 1370
(1950-1) inclusive*.
3 Saudi Memorial, I, pp. 470-1. Examples of the Saudi Government’s preserva­
tion of public security in the disputed areas are given in full in Annex 109 of the
Saudi Memorial, II. There ‘an official statement’ by Sa'ud ibn Jiluwi (the Amir
of the Eastern Province) sets forth ‘the details of twenty-nine representative in­
stances in which Saudi officials took action with respect to wrongdoing or wrong­
doers in the disputed areas. The examples stretch in time from the year 1337
(1918-19) through 1366 (1947), the eve of the present controversy. They range
in space from the vicinity of Buraimi . . . westward through 'Irqan . . . into al-
Dhafrah. . ..’
4 Saudi Memorial, I, pp. 470-84.