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Coll 30/1 'Tamb Island: Question of Lease to Persia, Persian Govt's Claim to Tamb' [‎36r] (76/882)

The record is made up of 1 file (437 folios). It was created in 9 May 1930-15 Dec 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

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respectively have a prescriptive title against Persia of
about 48 years 1 duration and that in fact it is this title
and t his a l one on which we or they must rely against
Persia. The question, therefore, really is whether 48
years' occupation is sufficient to create a title to
sovereignty as against the previous sovereign who at any
rate has never formally waived his claim and has made some
efforts, though intermittent and feeble, to assert and
enforce his claim. I do not think it would be possible to
say with absolute certainty whether a court would hold that
this period is sufficient to create a title to the islands
in the Trucial Sheikhs and in the United Kingdom as their
suzerain. There is no definite period for the acquisition
of a title by prescription in international lav/. Prescription
is clearly recognised as a source of title to sovereignty
and the length of the period of occupation has to be taken
into account with all the other circumstances of the case.
Taking all the circumstances of this case into consideration,
including the fact that Persian sovereignty, if it ever
existed over the islands, came to them only because the
Jowasimi Sheikh at Lingah became their vassal for a short
period of years and was never effectively exercised except
through him as their vassal and ceased to be exercised at all
in fact when they turned out their vassal from Lingah, the
islands then reverting to their previous sovereign, I think
it is quite likely that a court would uphold the title of
the Trucial Sheikhs* But it would be difficult to oe quite
certain upon this point.
8* It may be well to consult the Law Officers on this
question/

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Content

This file contains correspondence related to the disputed ownership of the Tamb (also written as Tanb and Tund) [Greater and Lesser Tumb] islands between Ras al-Khaimah and the Government of Persia. The islands of Abu Musa and Henjam and their status are also mentioned intermittently throughout the file.

The file is largely composed of internal correspondence between British officials at the Foreign Office, 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. , Royal Navy (including the Senior Naval Officer in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. ) and the Political Residency An office of the East India Company and, later, of the British Raj, established in the provinces and regions considered part of, or under the influence of, British India. in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. .

In addition to this, the file also contains a limited amount of correspondence between British officials and the Government of Persia, some of which is in French.

In addition to correspondence, the file also contains the following:

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 (437 folios)
Arrangement

The papers are arranged in approximate chronological order from the rear to the front of the file.

Physical characteristics

Foliation: the foliation sequence for this description commences at the front cover with 1, and terminates at the inside back cover with 439; 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. A previous foliation sequence, which is present between ff 4-436 and is also circled, has been superseded and therefore crossed out.

Written in
English and French in Latin script
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Coll 30/1 'Tamb Island: Question of Lease to Persia, Persian Govt's Claim to Tamb' [‎36r] (76/882), British Library: India Office Records and Private Papers, IOR/L/PS/12/3709, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100053685336.0x00004d> [accessed 29 March 2024]

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