Page 92 - The Persian Gulf Historical Summaries (1907-1953) Vol IV_Neat

80
fisheries in the Persian Gulf, I entered into
communication with the Foreign Office with a
view to obtaining the opinion of the Jaw Ofliocrs
of the Crown upon the legal and international
points raised by your Excellency's Government.
*' 2. I inclose herewith, for the information and
guidance of tho Government of India, a copy of
tho correspondence.*
“3. Your Excellency will see that tho Lnw
Officors of tho Crown have no doubt as to the
rights of tho tribes in such waters as may justly
be considered territorial. Outsido territorial
waters, they aro inclined to hold that the exclu­
sive rights of tho tribos might bo maintained
to banks in regard to which their exclusive
possession is capablo of historical proof; but
they consider that tho point is not freo from
doubt. In regard to the deoper waters, they aro
of opinion that there would bo no reasonable
chance of assorting with success tho right of
the tribes to debar other nations from dredging.
“ 4. In these circumstances, I agree with the
general conclusion at which tho Law Officers of
the Crown have arrived, viz., that it is not
expedient to raise the question internationally
by forcibly preventing vessels of foreign
nationalities from fishing on the banks. Tho
object in view may probably be attainable by
indirect methods.”

Summary,

The situation in regard to the pearl fisheries
may bo summarized as follows :—
The Law Officers of the Crown have laid it
down that outside territorial limits, in the
deeper waters, there would be no reasonable
chance, on grounds of international law, of
asserting with success the right of tho tribes to
debar other nations from dredging. On the
other hand, it is apprehended that dredging
operations, if carried out on scientific principles,
even in the deeper waters alone, would seriously
endanger the success of the pearl fishing on tho
banks, in regard to which the tribes may estab­
lish exclusive rights.
The conclusion formulated in 1905 was accord­
ingly that foreign vessels should not forcibly be
• Not printed.