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Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [‎609r] (1222/1246)

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The record is made up of 1 volume (619 folios). It was created in 17 Jan 1934-22 May 1936. 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. .

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2.
the provision under which the case would have to be referred
to arbitration would be Article 10 of the 1930 treaty instead
of Article 17 of that of 1922, while the provision under which
it would be contended that the obligations of His Majesty's
Government towards the two Sheikhs and d evolved upon the
Government 01 Iraq would be the second paragraph of Article 8
oi the later treaty instead of Articles 10 ? and possibly 4^
of the earlier one.
4. Under Article 17 of the 1922 treaty, Hia Majesty’s
Government had a right to refer the present question to the
Permanent Court of International Justice without the agreement
of the Government of Iraq. The effect of Article 10 of the
1930 treaty is that the dispute must be submitted either to
the Council of the League of Nations or to some form of
arbitration . For the purposes of this reference, Sir John
Simon thinks that it may be assumed that the Iraqi Government
would agree to the question being referred to the Permanent
Court of International Justice, but as Iraq has not signed the
Optional Clause, the reference would have to be by special
agreement and not by a unilateral written application (see
Article 40 of the Statute of the Court] • ihe terms of a
special agreement for this purpose would of course be a matter
for negotiation with the Iraqi Government; but before these
negotiations are opened Sir John Simon would be glad to know
whether, in existing circumstances, you agree with the view
expressed by your predecessors in 1930 that any reference to
the Permanent Court should, if possible, be framed in the widest
possible terms so as to cover all the grounds on which it might
be held that the obligation to implement the undertakings given
by His Majesty's Government to the two Sheikhs has devolved on
the Iraqi Government.
5. The question then arises whether those grounds have
been affected by the developments which have occurred since
1930/

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Content

This volume is a continuation of IOR/L/PS/12/2853. It consists of extensive correspondence, memoranda and reports regarding date garden properties in Iraq owned by the Shaikh of Kuwait, changes to their tax-exempt status, and lawsuits regarding their ownership. Properties owned by the Shaikh of Mohammerah are also discussed in the volume.

The volume opens with correspondence regarding a plan to have the lawsuits against the Shaikh of Kuwait dropped, by paying the plaintiffs to desist. Other topics discussed include: a proposal to allow the Iraqi Government to tax the estates, and for HMG Her or His Majesty’s Government in London. to compensate the Shaikhs of Kuwait and Mohammerah accordingly; difficulties in establishing the exact extent of the Iraq properties owned by the Shaikh of Kuwait; an application by the Basra Port Directorate to take possession of certain land belonging to the Fao property of the Shaikh of Kuwait; and suggestions that the Government of Iraq establish a commission to investigate the ownership and tax status of the properties.

The principal correspondents and authors are: the High Commissioner for Iraq (Francis Henry Humphrys), the Colonial Office, the Foreign Office, 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. , 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 (Harold Richard Patrick Dickson), 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. (Hugh Vincent Boscoe), and HM Ambassador to Iraq (Archibald Clark Kerr). The volume also contains translations of letters received from the Shaikh of Kuwait (Aḥmad al-Jābir Āl Ṣabāḥ), his lawyer (Jacob Gabriel), and the Agent in Iraq to the Shaikh of Mohammerah (Shaikh Khaz'al bin Jābir Mirdāw al-Ka'bī).

The following reports and legal documents appear within the volume:

The file continues with Collection 17/8 part 3, reference IOR/L/PS/12/2855.

The volume includes dividers which give lists of correspondence references contained in the volume by year. These are placed at the end of the correspondence (folios 4-5).

Extent and format
1 volume (619 folios)
Arrangement

The papers are arranged in rough chronological order from the rear to the front of the volume.

Physical characteristics

Foliation: the main foliation sequence (used for referencing) commences at the inside front cover with 1, and terminates at the inside back cover with 621; 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 4-618; these numbers are also written in pencil, but are not circled.

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English in Latin script
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Coll 17/8(2) 'Shaikh of Koweit's Estates: Date gardens of the Shaikh in Iraq' [‎609r] (1222/1246), British Library: India Office Records and Private Papers, IOR/L/PS/12/2854, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100056626716.0x000017> [accessed 28 March 2024]

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