Coll 17/15(2) 'Relations with Persia: Persia-Iraq frontier; Persia's claim in the Shatt-el-Arab' [‎470r] (948/1010)

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be likely to cause considerable interference with and danger to international
shippi n & traffic in the river, and is consequently open to grave practical objections,
quite apart from the political aspects to which a reference has already been made.
If, however, a final settlement of the legal question has to be postponed, it
would be preferable to rest content with the declaration made by both parties at
the last Council session, regarding the avoidance of incidents pending a definite
solution. Arrangements of the type now proposed appear unnecessary and
inappropriate as a purely temporary measure. If the intention underlying the
present proposals is that they should ultimately be transformed into or form the
basis for a permanent solution, they present no advantages whatever over the
existing draft tripartite Conservancy Board Convention. Such a board was
provisionally accepted by the Persians in 1932 and has again been offered to them
by Nuri Said Pasha An Ottoman title used after the names of certain provincial governors, high-ranking officials and military commanders. on condition that the Persian Government recognise the
existing frontier. This Conservancy Board Convention represents a carefully
thought out scheme which took many years to devise with highly expert technical
assistance for providing for the proper administration of this most difficult
waterway.
Rome, February 8, 1935.
Enclosure 3 in No. 1.
Nuri Said to Baron Aloisi.
Sir, Rome, February 7, 1935.
I HAVE the honour to inform you that I have this morning received from
my Government instructions to proceed immediately to Bagdad. While I much
regret that reasons should have arisen making my return, after an already
unexpectedly prolonged absence, imperative, and that it should not have been
possible for me to remain in Rome until a decision should have been taken
regarding the procedure to be followed in order to settle definitely the dispute
between Iraq and Persia, I trust that in actual fact my departure will not in any
way impede progress.
I have already infomed you that my Government w^ould agree to the only
two proposals that have been made regarding the procedure to be lollowed .
willingly, to the proposal that the Council should at once reier the question m
dispute to the Permanent Court of International Justice for an advisory opinion,
reluctantly, because it is likely to prolong the proceedings unnecessan y, o e
proposal that the Council should be asked in the first place to approve e
appointment of three judicial experts to assist the rapf orteui m preparing s
report, this first step to be followed by a reference to the Permanen ou
either of the parties find itself unable to accept the report so ci a e • ,
As regards the comparatively short period which urns e a P^ ' ,
present date and the final settlement, the attitude of my over
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be one whereby both parties agreed to respect m its entire y ^ o a rran°ement
boundary. The Persian representative has pleaded ^ Persia but & as I
would amount to creating a presumption PJ0J U <J 1C1 ^ , 2; [ st j anuar v
endeavoured to point out in “7^ ^stenT’with the most elementary
it is the only arrangement which would be cons Worne impossible
principle without which all international i y' atlo t ^,yX n t "1“^^ the
Agreement to any other arrangement would be tanta “X nreiudlce of Iraq,
violation of this principle and prejudging the lssu ® , ,: me 0 f presen-
I quite appreciate the reasons for winch you felt °nt o Lpect
tation of your report of the 21st January "dy all the
the delimited boundary; but ^^opportunity of discussing frankly
aspects of the question and that 1 have -J-pie an a also on their intrinsic
with you, both from the point of view of } P , • i f orW ard, I would
merits, various other proposals that have ^ to reC ommend both parties to
ask you to consider whether the time has , f t he dispute regarding
observe the delimited boundary pending the solution ot tne aisj:
its legal validity.