Page 427 - The Arabian Gulf States_Neat

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EXTENSION OF TERRITORIAL SEAS 361 i
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Decree, as explained above.1 The Decree is also inapplicable to the ;
Kuwait-Saudi Arabia partitioned Zone, whose territorial sea has
been fixed at six “marine miles”.2
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It is clear that Kuwait’s extension of her territorial sea to twelve
nautical miles is consistent with the practice of the riparian States in
the region.3
2. Emirate of Sharjah

On 5 April 1970, the Ruler of Sharjah issued a Decree in which he
proclaimed the extension of his country’s territorial sea from the
customary limit of three miles to one of “twelve nautical miles from
the base-lines on the coasts of the mainland and of the islands of the
Emirate”. (Article 1 of the Decree).4 Basically, Sharjah’s extension
of her territorial sea was intended to cover the offshore areas of the
island of Abu Musa.5

1. For reference, see p. 291, above.
2. See Articles Vll-Vlil of the Agreement on the Partitioned Zone of 7 July 1965,
Appendix No. XII. And sec analysis of the said Agreement at pp. 273-277,
above.
3. See this book, pp. 281-282, above.
4. See Appendix No. 26. This Decree supplemented a former Decree, issued on 10 !
September 1969, in which the Ruler of Sharjah declared his sovereign rights in a
12-milc belt of territorial sea, applicable to Sharjah and the island of Abu Musa.
5. The main reason behind Sharjah’s unilateral extension of her territorial sea was
the discovery of a “geological formation” in an offshore area five miles from
Abu Musa which gave “high promise" of bearing oil. However, both Buttes Gas ;
& Oil Company - which obtained the offshore oil concession from the Ruler of
Sharjah - and Occidental Petroleum Corp. - which obtained its offshore
concessionary rights from Ajman and Umm al-Qaiwain - disputed each other on
the extent of their respective titles to the concessionary area. Thus, Occidental
regarded the geological formation to be within the continental shelf of Ajman
and Umm al-Qaiwain, and, therefore, outside the customary 3-mile limit of the
territorial sea pertaining to Abu Musa. On the other hand, Sharjah considered
the disputed area to be within the declared 12-mile limit of territorial sea of the '
island. Those differences resulted in a legal battle between the two American oil
companies. The legal question arose whether Occidental was entitled, by virtue
of its concession, to conduct oil operations within five miles off the coast of abu
Musa. If so, on what grounds? £
On 1 June 1970, the British Government - which was then responsible for the
foreign affairs of the three Shaikhdoms - interfered in the dispute by ordering the i
suspension of all drilling operations within the 5-mile area off the coast of Abu
Musa. An Occidental tug, towing a drilling platform and barges was intercepted £
by a British Royal Navy party on its way to the disputed area to conduct drilling I
operations. The Occidental party obeyed the orders, but on 2 June, Occidental
filed a suit, before a British Court, against the British Government, for “trespass
and interference." Moreover, Occidental “filed writs" against Buttes Gas & Oil
and Clayco before the United States Federal Court. It contended that Buttes and
Clayco “unlawfully and maliciously acted in concert and conspired... to restrain
the interstate commerce of the plaintiff in the oil and gas to which it was

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