Coll 17/19 ‘Iraq: Sheikh of Koweit’s Fao Date Gardens’ [153r] (305/675)
The record is made up of 1 file (337 folios). It was created in 3 Jul 1933-25 Apr 1939. It was written in English. 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.
which is mentioned "below; but perhaps I should first explain
the position in cases where this exception does not apply.
In such cases we are advised that the foreign sovereign can
never be sued as defendant unless he voluntarily chooses to
submit to the jurisdiction of the foreign court in question,
but that he can nevertheless, when he chooses, sue as
plaintiff. In other words, precisely the circumstances to
which the Iraqi Government profess to object in the case of
the Sheikh of Koweit r s suits apply generally in connexion
with proceedings brought by and against foreign sovereigns.
Other foreign States accept this position as following from
the rules of general international law, and Iraq will have
to realise sooner or later that she must do the same. I
assume that the Iraqi Government do not dispute the character
of the Sheikh of ICoweit as a foreign rovereipn; if they did
tc dispute this, we should, of course, have to insist
strongly on our view to the contrary.
4. I come now to the exception to which I alluded
above. Where a foreign sovereign owns real property in the
territory of another State, there may be an exception made
to the rule which I have described in the preceding paragraph,
in so far as actions relating to the title to such property
in the courts of the other State are concerned. It is not
possible to say finally whether such an exception does in
fact obtain, because authorities on international law differ
as to the degree of immunity conferred by sovereign status
as regards the ownership of land, but the possibility that
this may be so, or that the Iraqi Government may be able to
claim that it is so without our being able to prove that it
is not, lias to be taken into account. As a result, we are
bound/
About this item
- Content
The file contains papers, mainly correspondence and 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. Minute Papers, relating to the Shaikh of Koweit’s [Kuwait’s] date gardens at Fao [Al-Faw] in Iraq. It includes correspondence concerning:
- Unrest among the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. [agricultural labourers or peasants] on the Fao estates in 1933, with the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. refusing to pay rent and reported to be committing acts of sabotage and intimidation, claiming that they are the owners of the soil and that the Iraqi Government would make them proprietors in place of the Sheikh of Koweit.
- The role of the Mutasarrif of Basra in the unrest.
- HMG’s representations to the Government of Iraq to take action to stop the unrest amongst the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. .
- Legal issues preventing the Shaikh of Koweit from proceeding with law suits in the Iraqi courts against certain of the fellaheen Arabic for ‘peasant’. It was used by British officials to refer to agricultural workers or to members of a social class employed primarily in agricultural labour. at Fao, relating to the refusal of the Iraqi Ministry of Justice to confirm the Shaikh’s Power of Attorney to his agent.
- Trees of the date gardens at Fao being cut down in the Spring of 1938 by the local Iraqi authorities to clear the ground for a road, and the question of the Shaikh of Koweit obtaining compensation.
The correspondence mostly consists of correspondence between 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. and the Foreign Office, correspondence between 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. and the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , and copy correspondence sent to 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. by the Foreign Office and the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. . The main correspondents in the copy correspondence are as follows: the Foreign Office; the Political Resident A senior ranking political representative (equivalent to a Consul General) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Residency. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ; HM Ambassador, Baghdad; HM Representative, Baghdad; the Political Agent A mid-ranking political representative (equivalent to a Consul) from the diplomatic corps of the Government of India or one of its subordinate provincial governments, in charge of a Political Agency. , Kuwait; the Iraqi Ministry for Foreign Affairs; and Shaikh Sir Ahmed Al-Jabir As-Subah, Shaikh of Koweit.
The file includes a divider, which gives a list of correspondence references contained in the file by year. This is placed at the back of the correspondence.
- Extent and format
- 1 file (337 folios)
- Arrangement
The papers are arranged in chronological order from the rear to the front of the file.
- Physical characteristics
Foliation: the foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 337; these numbers are written in pencil, are circled, and are located in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio. An additional foliation sequence is present in parallel between ff 6-336; these numbers are also written in pencil, but are not circled.
- Written in
- English in Latin script View the complete information for this record
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Coll 17/19 ‘Iraq: Sheikh of Koweit’s Fao Date Gardens’ [153r] (305/675), British Library: India Office Records and Private Papers, IOR/L/PS/12/2880, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100045322056.0x00006c> [accessed 18 April 2024]
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Copyright: How to use this content
- Reference
- IOR/L/PS/12/2880
- Title
- Coll 17/19 ‘Iraq: Sheikh of Koweit’s Fao Date Gardens’
- Pages
- front, front-i, 2r:5v, 7r:10v, 12r:14v, 16r:23v, 25r:81v, 83r:100v, 103r:120v, 123r:125v, 128r:147v, 149r:149v, 151r:181v, 183r:183v, 185r:202v, 204r:206v, 211r:228v, 231r:241v, 243r:271v, 274r:283v, 285r:303v, 307r:307v, 310r:337v, back-i
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence