'ملخص الأحداث التاريخية في مشيخات الخليج العربي وسلطنة مسقط وعمان، ١٩٢٨-١٩٥٣' [و‎‎٩] (٢٢٢/٢٢)

(?)
Vv
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(ix) The standard of administration and justice in the Shaikhdoms must be
constantly improved. In particular an advance must be made in the
Trucial States.
(x) The maintenance of good relations with Saudi Arabia is highly desirable
and solutions must be sought to outstanding disputes.
(xi) The oil companies must be free to develop their concessions. Their
relations with the States must be kept under close review at all times.
(xii) The facilities enjoyed by Her Majesty's forces must be maintained.( 22 )
The question of Anglo-American relations in the Persian Gulf referred to in
item ^(vi) above is dealt with in the chapter on Bahrain (Chapter 2, paragraphs
14. In 1951 His Majesty's Government, in discussing the question of
jurisdiction, expressed the view that the ultimate aim in the Shaikhdoms should be
to unify the two systems now in existence, i .e., the Courts set up under the Orders
in Council and the Rulers' Courts, so that there should be only one set of Courts
which would be those of the Rulers, though it was admitted that this was a long-
term policy. In the short term it was necessary to encourage the development of
the local judicial systems and to improve the Order in Council systems so that
both might be better equipped to meet modern requirements. It was proposed
that the law existing or evolved for the Courts established under the Orders in
Council should be applied in the Joint Courts so that these might become an avenue
through which improvements could be achieved in the Rulers' Courts. In the
matter of legislation on subjects of common concern to persons subject to both sets
of Courts, the view taken was that the Rulers' laws and the Regulations issued
under the Orders in Council should be similar in form as well as in subject A law
should first be made by the Ruler and then applied by King's Regulation to
persons subject to the Order in Council concerned. As the success of this method
was dependent on the acceptance by the Rulers of the assistance of His Majesty's
Government in the drafting of their laws it was considered desirable that not only
should the tradition of assisting in the drafting of laws be established but that the
Rulers should be encouraged to improve their judicial and legislative machinery
by such measures as the employment of British legal advisers.( 23 )
15. In 1945(' 1 ) and again in 1950 the Political Resident raised the question
of the right of His Majesty's Government to sign international agreements on
behalf of the Rulers without consulting them with special reference to the Chicago
Air Agreements, under which it is in fact claimed that the Gulf Shaikhdoms are
United Kingdom territory for civil aviation purposes. On the latter occasion
the views of His Majesty's Government were that whenever possible the Rulers
should be consulted and their consent obtained before any international agreements
were entered into on their behalf, because His Majesty's Government's rights in
the sphere of internal affairs were limited and because of the embarrassment that
might be caused if they went beyond their agreement with the Rulers.( 25 ) Prior
consultation might not, however, always be possible and His Majesty's
Government's position as Protecting Power required that the Rulers should in
the last resort be prepared to be guided by them and accept their advice. Legally
the validity of the international obligations accepted in respect of the Shaikhdoms
was not affected by failure to consult the Rulers first. It was thus held that
His Majesty's Government and the Rulers were committed to carry out the terms
of the Chicago Agreements in respect of the Gulf Shaikhdoms and indeed the
terms of 16 other multilateral agreements signed since 1945 which were
deemed applicable to the Shaikhdoms, though subsequently the number of these
was reduced to three.( 2ti ) It was suggested that the position should be explained
to the Rulers of Bahrain and Kuwait but the Political Resident was opposed to
this. The three agreements other than the Chicago Agreements held to be
applicable to the Shaikhdoms were—
(i) the General Agreement on Tariffs and Trade of 1949,
(ii) the International Monetary Fund Agreement of 1945,' and
(iii) the Bermuda Telecommunications Agreement of 1945.
In 1951 the Rulers of Bahrain and Kuwait agreed to the extension of
(~) F.O. to P.R. Despatch 125 (EA 1053/8) of July 24, 1953.
( J j) F.O. to P.R. Despatch 76 (EA 1643/75 of November 20, 1950).
)J to ^2- Ext 5375 / 45 of November 22, 1945 (W 15770/1287/802 of 1945).
( J j F.O. to P.R. EA 1511/1 of December 19, 1950.
( a6 ) F.O. to P.R. EA 1511/4 of September 12, 1951.