Coll 6/21(2) 'Saudi Arabia: Relations with H.M.G.: Saudi Legation in London and British Minister in Jeddah. Prolongation of Treaty of Jedda.' [276v] (552/761)
The record is made up of 1 file (379 folios). It was created in 14 Jan 1935-12 Apr 1947. 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. .
Transcription
This transcription is created automatically. It may contain errors.
contracting party, except in the rare cases where the other contracting party
assented to the use of English alone. Further, the two texts were to be regarded
as of equal validity. In the case of treaties with Arab States, however, the
practice in the past has normally been to have both English and Arabic texts,
with the English text prevailing in case of divergence. It was therefore in
accordance with precedent that it was provided in article 10 of the Treaty of G
Jedda that in case of doubt as to the interpretation of the treaty the English
text should prevail. At the same time the attempt was made to soften this
apparent discrimination against Arabic by providing that “ both texts shall be
of equal validity . . . with the result that, although it cannot be doubted that
the English text should prevail in case of a divergence of opinion, the
phraseology of article 10 is to some extent contradictory.
5. I consider that in modern conditions it is no longer practicable in all
cases to insist upon the rule formerly observed with Arab States. In recent
years relatively large and important independent Arab States have arisen, such
as Iraq and Saudi Arabia, which must be treated in the matter of the language
of treaties on an equal footing with other independent sovereign States. A
precedent has already been established in this sense in the case of the Anglo-
Iraqi Treaty of Alliance of 1930, which does not provide for either language
prevailing in case of doubt, but lays it down that any dispute as to interpretation
is to be dealt with by negotiation or through the League of Nations.
6. I accordingly authorise you to inform the Saudi Government that His
Majesty’s Government are prepared to accede to their desire to secure equality
for the Arabic version of the Treaty of Jedda, and to provide, in any eventual
exchange of notes formally prolonging the treaty, for the necessary amendment
of the existing article 10. You should add, however, that His Majesty’s
Government consider that this amendment can most conveniently and accurately
be made not by adopting the formula proposed in the draft note communicated
by Fuad Bey on the 30th March, but by providing for the deletion of the words
after the semicolon in the second sentence of article 10, so as to leave the
operative portion of the article to run as follows without any risk of
ambiguity :—
“ The present treaty has been drawn up in English and Arabic. Both
texts shall be of equal validity.”
I consider that this modification could best be effected by means of an
explanatory paragraph in the eventual exchange of notes prolonging the Treaty
of Jedda, which would put on record the agreed amendment and set out the
revised wording of the article.
7. In view of the fact that (as you yourself reported in your despatch
No. 113 of the 11th April) there has hitherto been no dispute over the interpre
tation of the actual wording of the treaty, I consider that it would be both
unnecessary and undesirable to embark on a possibly difficult attempt to find a
formula providing for any such dispute to be settled by arbitration or any other
means. You should therefore avoid raising on your account the question of the
inclusion of any provision of this nature.
I am, &c.
ANTHONY EDEN.
About this item
- Content
This file, like the previous volume (IOR/L/PS/12/2087), concerns relations between the British Government and the Government of Saudi Arabia.
The file largely consists of copies of Foreign Office correspondence, mainly between His Majesty's Minister at Jedda (Sir Andrew Ryan, Sir Reader William Bullard, Hugh Stonehewer Bird, and Stanley R Jordan successively) and officials of the Foreign Office. Other prominent correspondents include the following: the Secretary of State for Foreign Affairs; His Majesty's Chargé d’Affaires to Jedda (Albert Spencer Calvert, succeeded by Alan Charles Trott); His Majesty's Ambassador in Baghdad (Sir Kinahan Cornwallis); Ibn Saud [‘Abd al-‘Azīz bin ‘Abd al-Raḥmān bin Fayṣal Āl Sa‘ūd]; Amir Faisal [Fayṣal bin ‘Abd al-‘Azīz Āl Sa‘ūd], Minister of Foreign Affairs for Saudi Arabia; officials of the Colonial Office and the War Office.
The correspondence documents the progression of negotiations for a general settlement between the two governments, which would result in the initial prolongation of the validity of the Treaty of Jedda (the treaty signed between Britain and Ibn Saud in 1927, which initially expired in September 1934) for a period of seven years from 1936 (and for another seven years from 1943).
In addition to discussing matters relating to the proposed general settlement (e.g. the eastern and south-eastern boundaries of Saudi Arabia, slavery regulations, arms traffic, and Saudi debts), the correspondence also documents various visits and meetings, including the following:
- The visit of Amir Saud [Āl Sa‘ūd, Sa‘ūd bin ‘Abd al-‘Azīz, heir apparent of Ibn Saud] to Britain (17 June-1 July 1935), accompanied by Fuad Bey Hamza, Deputy Minister for Foreign Affairs for Saudi Arabia.
- Further meetings at the Foreign Office between Fuad Bey Hamza, Hafiz Wahba (Saudi Minister in London), Sir Andrew Ryan, George William Rendel (Head of the Foreign Office's Eastern Department), and other Foreign Office officials, in July 1935, following on from meetings in September 1934.
- Sir Andrew Ryan's meetings with Ibn Saud in Riyadh in December 1935 and in Jedda in February 1936.
- Four interviews held between Ibn Saud, Sir Reader William Bullard and George William Rendel, in Jedda, during March 1937.
Also discussed are matters relating to the Second World War, including:
- An exchange of letters between Ibn Saud and the British Prime Minister, Neville Chamberlain, in early 1939, which principally relate to Ibn Saud's concerns regarding his country's security in the event of the beginning of general hostilities.
- German radio broadcasts in Jedda during the first few weeks of the Second World War and their possible effect on the Jedda population.
- The possibility of Iraq and Saudi Arabia formally joining the Allies in the Second World War.
In addition to correspondence the file includes the following: a copy of a programme for Amir Saud's visit to Britain (ff 339-348); exchanges of notes (in English and Arabic) between the Saudi Ministry of Foreign Affairs and the British Legation at Jedda, confirming the prolongation of the Treaty of Jedda, dated 1936 and 1943 respectively (ff 189-192 and ff 4-5); a sketch map showing air routes over Saudi Arabia and Iraq (f 31v).
Although the material in this file falls inside the date range of 1935-1943, the final document in the file does include an additional date stamp which is marked '12 April 1947'.
The file includes two dividers which give a list of correspondence references contained in the file by year. These are placed at the back of the correspondence.
- Extent and format
- 1 file (379 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 commences at the inside front cover with 1, and terminates at the last folio with 380; 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 View the complete information for this record
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Coll 6/21(2) 'Saudi Arabia: Relations with H.M.G.: Saudi Legation in London and British Minister in Jeddah. Prolongation of Treaty of Jedda.' [276v] (552/761), British Library: India Office Records and Private Papers, IOR/L/PS/12/2088, in Qatar Digital Library <https://www.qdl.qa/archive/81055/vdc_100048209025.0x00009b> [accessed 25 November 2024]
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- Reference
- IOR/L/PS/12/2088
- Title
- Coll 6/21(2) 'Saudi Arabia: Relations with H.M.G.: Saudi Legation in London and British Minister in Jeddah. Prolongation of Treaty of Jedda.'
- Pages
- front, front-i, 2r:4r, 5r, 6r:31r, 32r:75v, 77r:77v, 79r:152v, 158r:173v, 175r:180v, 186r:187v, 188v:189r, 190v:191r, 192r:199v, 201r:204v, 206r:266v, 269r:275v, 276v:278v, 280r:286v, 288r:293r, 295r:314r, 316r:380v, back
- Author
- East India Company, the Board of Control, the India Office, or other British Government Department
- Usage terms
- Open Government Licence