"ملف 10/3 VI الامتياز النفطي بقطر" [و‎‎١‎٠‎٦] (٤٨١/٢٢٥)

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3.
it, then apart from treaty obligations binding
particular powers not to enter the sphere of
influence etc. legally any other power can go there
and take steps to make itself sovereign, I am
well aware that from the political point of view
spneres oi influence may have great importance.
It may be a ground upon which representations may
be made to another state that its action in going
there is provocative and unfriendly, and that it
must not be surprised if their action provokes the
resentment and retaliation which may follow upon
provocative and unfriendly, but nevertheless perfectly
legal, acts. Legally a sphere of influence is of
no effect at all unless you have a s )ecific treaty
with the power who is entering the zone, under which
the latter has specifically undertaken not to do so.
5. The second point to be remembered is that
under international law, to use the words of Huber as
arbitrator: "Territorial sovereignty cannot be limited
to its negative side". Sovereignty over territory
cannot consist in a mere right to keep other states
out when the soi disant sovereign exercises no authority
whatever there. If this is the position, then even if
the soi disant sovereign had originally a perfectly
sound title, he will lose it if another state enters
the territory and de facto exercises authority there
for a sufficient period, and this acquires a
prescriptive right.
6. Applying these principles to the case of the
territory immediately to the east of the blue line,it
seems to be perfectly clear that neither His Majesty 1 s
Government nor any Arab state under their protection,
exercises any authority there. The Shei.ch of Qatr in
whose name we should like to claim the territory has
apparently/
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