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'File 19/191 III (C 56) Bahrain, Persian Claim To' [159r] (336/396)
The record is made up of 1 volume (184 folios). It was created in 26 Jan 1932-24 Jan 1935. It was written in English and French. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
^ f course were adopted and agreed to the proceedings before the
| Council would presumably terminate, and the question of the Persian claim would
be settled by the decision of the Permanent Court. In view of the opinion given
, by the Law Officers as regards the Persian claim to Bahrein, and on the
assumption that the Persian claim to Tamb and Abu Musa is no stronger,
gir John Simon cannot believe that the court would not decide in favour of the
contention of His Majesty s Government. But in view of the suggestion in
i) paragraph 4 of your letter, that it may be necessary to consider the possibility
of His Majesty* Government declining absolutely to implement a decision by
the court. Sir John Simon would point out that under article 13 (4) of the
Covenant, His Majesty s Government are bound to " carry out in full good faith
any award or decision that may be rendered," and that, under the same
paragraph, in the event of any failure to carry out such an award or decision,
the Council shall propose what steps should be taken to give effect thereto." In
these circumstances, a proposal to violate this obligation, involving, as it would, a
complete departure from the policy which His Majesty's Government have
consistently pursued in relation to the League, and possibly their withdrawal from
that body, is a matter which could only be considered by the Cabinet.
9. If either of the other two courses indicated above were adopted, the
Council would still have to deal with the matter after it had received the advisory
opinion of the court or the report of the Committee of Jurists. From the point
of view put forward in paragraphs 5 and 6. of your letter, there is therefore
difference between these two courses oF~action, except that a report by an ad
committee of jurists would carry less weight than an advisory opinion by the
court. From the point of view of the possibilities of success, Sir John Simon
feels no doubt that, in the interests of His Majesty's Government, a reference
to the Permanent Court for an advisory opinion would be the preferable course,
if only for the reason that the opinion of the court could be given after full
argument in public, which would not be the case in the event of a reference to a
committee of jurists. / /
10. At the same time. Sir John Simon dops not feel able to agree altogether
with the contentions advanced in paragraph 5 of your letter. The opinion given,
whether it emanated from the Permanent Court or from a committee of jurists,
must be either in favour of or against the Persian claim to sovereignty over the
islands; it would in effect be a decision on the legal question involved, and it is
most unlikely that the Council would be disposed to take any other course than
to adopt it. If the opinion were in favour of the Persion contention (which
Sir John Simon can only regard as in the highest degree unlikely, at any rate
if the opinion emanated from the Permanent Court), it does not seem probable
that His Majesty's Government would receive support from other members of
the Council in a refusal to accept it. It is true that if the Council were acting
under article 11, the unanimity rule would prevent the Council from adopting a
report which His Majesty's Government were not prepared to accept. It is also
true that in the case of a report under article 15, which was accepted by all the
members of the Council other than His Majesty's Government, there would be
no obligation on the other members of the League to go to war in order to assist
Persia to recover Bahrein. But if the effect of the report were that Persia was
entitled to the islands in question, there would be a direct obligation on His
Majesty's Government under article 15 (6) not to go to war with Persia if she
complied with the recommendations of the report." If, therefore, Persia were
thereafter to endeavour to take physical possession of any of the islands, it would
not (though this might depend to some extent on the terms of the report) be safe
Jo assume that this would be regarded as an aggression which His Majesty's
Government were entitled to resist by force, or that, in the event of hostilities
ensuing, it would be Persia who would be regarded as having violated her
^ligations under the Pact of Paris or under article 15 (6) of the Covenant. But
even if the possibility of hostilities can be ruled out, the resulting situation would
be m the highest degree unsatisfactory. The position would be that there would
Ijave been a legal finding in favour of the" Persian contention, with which His
Majesty's Government had refused to comply. While the provisions of
Article 13 (4) of the Covenant would not strictly be applicable (since an advisory
opinion is not an award or decision), the attitude of His Majesty's Government
puld be wholly contrary to the policy which they have followed in regard to the
- Le ague since its inception, and would seriously prejudice their position as a
About this item
- Content
This file contains correspondence between British officials in Bahrain, Bushire, India and London regarding Persian goverment's claim of sovereignty over the territory of Bahrain. The impact of the discovery of oil deposits in Bahrain is discussed as is the broader international reaction to the claim. The file contains translations of several articles published in the Persian press on the topic and a translation of an article that appeared in a Dutch newspaper.
A detailed Historical Memorandum of Bahrain compiled by the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. is contained on ff. 94-118. The memorandum contains a history of Bahrain from the pre-1783 era until 1934 and includes details of the British role in the country, the numerous treaties signed by the Al Khalifa family with the British and a discussion of Turkish (Ottoman) and Persian claims to the territory.
- Extent and format
- 1 volume (184 folios)
- Arrangement
File is arranged in chronological order, from earliest at beginning of the file to most recent at end.
- Physical characteristics
A bound correspondence volume. Foliation starts on the first letter page (4th folio in the volume) and finishes on the last letter page (5 folios from end of volume). Pencil number in top right corner of recto The front of a sheet of paper or leaf, often abbreviated to 'r'. . From f 90, an inconsistent pagination system begins. Only pages with typescript are paginated. When both sides have typescript, pagination numbers are found only on even-numbered pages. There are two foliation errors: between f 14 and f 16 we have f 15A and f 15 B; between f 68 and f 70 we have f 69A and f 69B.
- Written in
- English and French in Latin script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/1/358
- Title
- 'File 19/191 III (C 56) Bahrain, Persian Claim To'
- Pages
- front, back, spine, edge, head, tail, front-i, i-r:iv-v, 1r:14v, 15ar:15bv, 16r:68v, 69ar:69bv, 70r:184v, v-r:viii-v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence