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Coll 30/186 'Oil: Koweit Territorial Waters. Jurisdiction over the sub-soil beneath the sea. Off-Shore Oil in the Persian Gulf.' [‎282r] (564/737)

The record is made up of 1 file (366 folios). It was created in 10 Jul 1939-12 Apr 1948. It was written in English and Arabic. 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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It hots always Tooan tho viaw of tho Departments of His
Majesty's Government that it would ho most objectionable in
principle, and create endless difficulties in practice; if in
an area, say, fifteen miles off the coast of State A< State B
an area
were to claim jurisdiction over sub-soil underneath the 30 a on
the ground that its nationals were working the minerals there
and State B had acquired sovereignty and jurisdiction over the
part of the sea bod in question by occupation. Occupation is
a method of acquiring territory which is res nullius (i.e*
belongs to no State). The bed of the sea is re s nullius and,
according to the prevalent view of international law, capable
of being acquired by occupation although the sea itself cannot
be occupied. Consequently, it has been felt here that matters
must bo so arranged that, in the instance given aoove, it
should be State a which should have the jurisdiction and
sovereignty over occupied sea-bed outside territorial waters.
but nevertheless off its coasts.
5. It was with such a consideration in mind that Kis
Majesty’s Government approached the United States Government
last year with proposals to achieve this end by agreement, i*e*
Kis Majesty’s Government would bind themselves not to occupy
sea bed off the coasts of the United States and the United
States not to occupy territory off the coasts of the bahamas.
Before, however, our proposals had been considered; the United
States Government stepped in and, by President Truman’s
proclamation, purported to achieve the same result by
unilateral action. Under this proclamation the United States
simply asserts United States jurisdiction over all the
continental shelf off the United Statos , and does so in terms
which indicated that it is purporting to establish a principle
of general application.
/ 6 .
ms

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Content

The file concerns the interest of the Kuwait Oil Company in exploring for submarine oil deposits beyond the limits of Kuwait's territorial waters, and the issue of territorial waters in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. generally, in the light of the United States Government's proclamation of 1945 concerning the continental shelf [the Truman Proclamation].

The papers include: a request from the Kuwait Oil Company 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. for a ruling by the British Government on the extent of Kuwait territorial waters, and proposals that the company should acquire an oil concession beyond Kuwait's territorial waters, 1939; 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. minutes, and comments by the Admiralty, Petroleum Department, and Foreign Office concerning the issue, 1940; related maps; the decision that the issue should be left until the end of the war [the Second World War], 1940; copies of the proclamation issued by United States President Harry S Truman on 28 September 1945, stating that the resources on the continental shelf contiguous to the United States belonged to the United States [the Truman Proclamation] (e.g. folios 313-314); correspondence and memoranda from 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 Ministry of Fuel and Power, the Government of India, 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 the Colonial Office, and minutes of interdepartmental meetings, discussing the effect of the continental shelf policy on British territories, 1945-48; the specific implications of the continental shelf policy to the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. (for instance in the light of the Iranian claim to Bahrain); related maps; and a further expression of interest from the Kuwait Oil Company in obtaining marine oil rights beyond Kuwait territorial waters, October 1947.

There are no papers in the file dated 1941-44.

The Arabic language content of the file consists of a single letter from 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 (with English translation), dated 1947.

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 (366 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 (used for referencing) commences at the inside front cover with 1, and terminates at the last folio with 367; 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 also circled, has been superseded and therefore crossed out.

Written in
English and Arabic in Latin and Arabic script
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Coll 30/186 'Oil: Koweit Territorial Waters. Jurisdiction over the sub-soil beneath the sea. Off-Shore Oil in the Persian Gulf.' [‎282r] (564/737), British Library: India Office Records and Private Papers, IOR/L/PS/12/3924, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100080590826.0x0000a7> [accessed 30 April 2024]

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