File 13/7 'Japanese Trawlers for the Persian Gulf' [‎5r] (9/38)

P. Z. 1008/38
E. 48/4 8/91
FOREIGN OFFICE, S.W. 1.
11th February, 1938.
Dear Gibson,
I write in reply to your letter No. P.Z.8426/37
of the 1st January to Brenan, who is away on leave, about
the measures to be taken with regard to possible future
encroachment by foreigners on the pearl fisheries in the
Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .
'O. ihis question has now been carefully examined in
consultation with Beckett, and our general view of the
position is as follows.
3. There appear to be two questions involved. The first
is whether Piis Majesty’s ships can be authorised to use force
if necessary to prevent encroachment by foreigners on
certain pearling banks which lie in the eastern waters of
the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. at more than three miles from the shore,
ou 6 to which we consider that the Arab rulers under our
protection on the western shore of the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. have
acquired an exclusive right for their respective nationals.
As the use of the Navy to force foreign ships to leave the
banks may cause representations to be made by the Powers
concerned, tne answer to this question depends in part upon
whether we consider that we have sufficiently good legal
grounds for claiming that the Arab rulers have acquired these
rights for their subjects under international law. This
point in turn depends upon two propositions:-
(a) The proposition that it is possible to acquire an
exclusive right to sedentary fisheries on defined banks
beneath the high seas (a question of pure law)
(b) the proposition that in fact the Arab rulers have
acquired this right.
4. As regards (a), Beckett has observed that the bulk of
English writers on international law (vide Westlake and
Oppenheim)/
. P. Gibson, Esq.