Page 368 - The Arabian Gulf States_Neat

304 THE LEGAL STATUS OF THE ARABIAN GULF STATES
oil' the coast of the Qatar peninsula. According to Sir Rupert Hay, in
the past Halul ‘has usually been regarded as belonging to Abu Dhabi
but is also claimed by Qatar’.1 Recently, as a result of olTshorc oil
exploration in the vicinity of Halul, the two Shaikhdoms intensified
their rivalry over the ownership of the island. Consequently, the
British Government chose, with the approval of the two Shaikhdoms,
two British ‘experts’ to whom it assigned the duty to examine the
Shaikhdoms’ rival claims to the islands. According to reports, in the
spring of 1962, the two British experts, Mr Charles Goult, former
British Political Agent in Bahrain, and Professor J. N. D. Anderson,
Professor of Islamic Law in the University of London, reported to the
British Government their findings on the issue. They found that ‘the
largest of the islands, Halul, should belong to Qatar and several
smaller ones to Abu Dhabi’. However, it was then reported that the
British experts left undecided the question of two of the islands ‘over
which the rival claims are judged to be equal’.2 Having received the
approval of the British Government, the decision of the British
experts was communicated to the Rulers of the two Shaikhdoms. So
far as Qatar is concerned, the Ruler issued on 10 March 1962 a decree
in which he declared his concurrence with the decision of the British
experts regarding the establishment of Qatari right of ownership over
the island of Halul. The decree also noted the fact that the British
Government ‘has approved the extension of Qatar’s sovereignty to this
island*.3
By way of comment, it would be interesting to know the historical and
legal basis upon which the two British arbitrators based their verdict.
In particular, the question arises whether they, in the course of their
consideration of the issue of ownership over the islands, applied, or
sought guidance from, certain principles of customary international
law relating to title to territory (i.e., the principles of ‘contiguity’ or
‘historical continuity’).4 Having regard to the fact that one of the
arbitrators is Professor of Islamic Law, there would, perhaps, be a
basis for the belief that certain Muslim and Arabian customary prin­
ciples relating to fishing and hunting activities on the islands were
considered by the arbitrators in the course of their deliberations.

The status of Sir Abu Nuayr, Abu Musa, Sirri and Tunb: These islands,
except Sir Abu Nu ayr, are nearer the eastern side of the Gulf. They

1 Hay, op cit., p. 118. _ , . A i
2 A brief reference to the award was made in The Daily Telegraph, 26 April
1962. No mention was made of the names of the other two smaller islands. The
British Government has not published the award.
3 The Decree issued by the Ruler of Qatar was published in the Government’s
1962.
^Jcnn^ng^R^^Acquisition of Territory in International Law (1963).
pp. 76-80.