Coll 17/35 ‘Iraq. Iraq – Saudi Relations. Demarcation of Frontier.’ [‎27v] (54/112)

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the text is ambiguous and it is not possible to ascertain xvhat was
intended without having recourse to evidence outside the text, in
anv case, it is not possible by means of such outside evidence to adopt
an interpretation which contradicts anything in the written text.
(2) If possible an interpretation must be found which gives eftect to every
word in the text! and it is only if it is impossible by any means to
reconcile, and give meaning to, everything which is written m the
text that it is permissible to adopt an interpretation winch rejects
any part of the text as otiose or inconsistent. ,
(3) if. but only if, it is impossible in accordance with principle {2) to imd
an interpretation which gives a meaning and effect to every word
written in the text and it is therefore necessary to disregard certain
words, then, in the process of selection of what words to keep and
what words to disregard, the principle applies that in a frontier
agreement a reference to a definite and well-known point prevails
over a reference to a less definite point, such as a little-known place
marked on a map or the intersection of geographical co-ordinates.
2 Article 1 of the Hadda Agreement runs
“ xhe frontier between Nejd and Transjordan Used in three contexts: the geographical region to the east of the River Jordan (literally ‘across the River Jordan’); a British protectorate (1921-46); an independent political entity (1946-49) now known as Jordan starts in the north-east
from the point of intersection of meridian 39° east and parallel 3*2° north,
which marks the termination of the frontier between Nejd and Iraq ”
The same point is referred to here by two descriptions : —
(i) The end of the frontier between Nejd and Iraq.
(ii) The intersection of two geographical co-ordinates.
Since of these two descriptions (i) would clearly be the prevailing one if there
were any unreconcilable divergence, it is permissible to refer to the Protocol of
Uqair of the 2nd December, 1922, concluded three years earlier, to fix the frontier
between Nejd and Iraq which fixed this terminal point.
3. The end of article 1 of the Protocol of Uqair reads :—
. . . to the Jabal Anaiza situated in the neighbourhood of the inter
section of latitude 32° east with longitude 39° north where the Iraq-Nejd
boundary terminates."
It is to be noted here that Jabal Anaiza is clearly adopted as the terminal point,
and the geographical co-ordinates referred to are only added as a rough descrip
tion of where to find this point. Further, the actual spot at the top of the Jabai
Anaiza which is accepted as this terminal point has now been fixed and marked
on the ground. There is no doubt, therefore, that in article 1 of the Hadda
Agreement the first point is this spot on the top of the Jabal Anaiza which marks
the termination of the frontier between Nejd and Iraq.
4. There remains, however, in article 1 of the Hadda Agreement the further
description of this point by two geographical co-ordinates; but, if these
geographical co-ordinates are to be interpreted as being the true geographical
co-ordinates, there is a conflict, because they do not intersect at this point on the
top of the Jabal Anaiza, but at a point some distance away. These words,
however, must not be rejected as otiose or inconsistent unless there is no way under
which they can be reconciled, and there is here a way by which the words can be
reconciled.
*
5. At the end of article 1 the following sentence occurs :—
“ The map referred to in this agreement is that known as the
international Asia map 1/1,000.000,”
and, since this sentence occurs, some meaning and effect must be given to it. In
fact, there is no other reference in this agreement to a map at all. The whole
of article 1 from beginning to end consists in a series of points fixed by
geographical co-ordinates, and if these geographical co-ordinates were intended
to be the true geographical co-ordinates and the points to be wherever they
intersect, there is no need for any reference to any map whatever and the sentence