'File 19/191 III (C 56) Bahrain, Persian Claim To' [159v] (337/396)
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.
4
member of the Council in future when that body is endeavouring to compose
disputes with which His Majesty's Government are not concerned. Moreover in
view of the legal finding in favour of the Persian contention, the Persian
Government would be entitled to act in all matters as though Bahrein belonged
to them (which in some cases they do illegally, or at any rate extra-legally, to-day)
and would be justified in international opinion in using any of the means whicli
the extent of British interests and commitments might give them in order to
establish their position. The resulting situation would be far worse than that
which exists at present, and would seem likely to produce most undesirable results
on British prestige in the Middle East.
11. But, in any case, Sir John Simon does not consider that it would be
possible in practice to prevent the legal question being dealt with by either the
Permanent Court or a committee of jurists, and he remains definitely of opinion f
that in the event of an appeal by Persia to the Council, the wisest, and, indeed,
the only possible course for His Majesty's Government, is to face the situation '
boldly, not to raise any objection to the Council's dealing with the matter, and i
to state their willingness that the legal question should be referred to He I
Permanent Court. It may be preferable that this should be done by means of a
request by the Council for an advisory opinion rather than by a reference by
special agreement between the parties, but this is not a point on which a decision
need be taken at present. Sir John Simon ventures to think that once the Persian
claim has received the publicity involved in its being brought before the Council,
the object of His Majesty's Government should be to ensure either that it is
disposed of once for ail, or that the responsibility for this not being done should
rest entirely with the Persian Government. If the Persian Government agree to
a reference to the Permanent Court, the opinion of the Law Officers gives every
reason for believing that the result will be to put an end to the Persian claim once
and for all. If, on the other hand, the Persian Government refused a reference
to the court which His Majesty's Government had accepted, Persia would have i
placed herself in the wrong, and it might fairly be assumed that the Council |
would decline to deal further with the case. In these circumstances, the value j
to Persia of her claim would disappear, and His Majesty's Government would be
in a far stronger position for dealing with Persian attempts at encroachment in
the future. On the other hand, any reluctance shown by His Majesty's Govern-
ment to a judicial examination of the case could scarcely fail to suggest that the
Persian claim was not entirely devoid of merits, while a definite refusal would
greatly increase the value of the claim to Persia, whether as an asset in treaty
negotiations, or as a means of pursuing a policy of pin-pricks.
12. On the question of the international position of Bahrein, Sir John
Simon agrees that, on the assumption that no change in the status of the island is
contemplated, it may be well to make it plain that His Majesty's Government
have not acquired, and do not seek to acquire, by usurpation or otherwise,
jurisdiction over Bahrein as a British possession. But, in his opinion, the fact s
of the sheikh having entrusted his foreign relations to His Majesty's Government
is one of procedure only and not of substantive right. The sheikh does not
thereby acquire any greater right to independence from Persia than he had before.
It merely means that a claim by Persia or any other State must be referred to,
and settled with. His Majesty's Government instead of with the sheikh himself.
Equally, in taking over the foreign relations of Bahrein, His Majesty's Govern
ment have not acquired, and cannot acquire, any better right or title in the matter
of the Persian claim than is possessed by the sheikh himself. The position is
that, as His Majesty's Government have the conduct of Bahrein's foreign j
relations, they have the full international responsibility therefor, and they cannot |
plead the internal relationship between the sheikh and themselves as justifying |
any failure to comply with the international obligations relating to the territory. <
In other words, it is not possible for His Majesty's Government, on the one nana,
to' prevent foreign States from dealing with the sheikh direct, and, on the other,
to contend that His Majesty's Government are not in a position to make tne
sheikh give effect to his international obligations,
13. In view of the desirability of reaching an early decision on the importan |
questions of policy involved, which may at any moment become urgent, I am o
request that this letter may receive Sir Samuel Hoare's consideration as soon as
possible.
I am, &c. _ T ^
G. W. RENDEL- Ihe
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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- 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