'ARBITRATION CONCERNING BURAIMI AND THE COMMON FRONTIER BETWEEN ABU DHABI AND SA'ŪDI ARABIA' [With maps] [‎79v] (163/541)

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(1) See Part IX, Section C, of this Memorial.
in wars with the Shaikh of Qatar. Again, it is the ^ u ^ ern °l
infrequently, in the course of history, has called out the o e ^afrah to
fight in war for Abu Dhabi, the latest occasion being the Abu-Dhabi-Dubai war
of 1945, when considerable numbers of Manasir from Liwa fell m g for the
Ruler. Similarly, in warlike actions at sea, it is the Ruler of Abu Dhabi who,
since the end of the 18th century has represented and been responsible for the
whole coastal tract, between the borders of Dubai and the Khaur al- Udaid.
When the British Government sought, by treaties with the various Rulers and by the
use of naval patrols, to establish peace amongst the tribes on the pearl banks, and
to put an end to piratical attacks on commerce in the Persian Gulf The historical term used to describe the body of water between the Arabian Peninsula and Iran. , it was the Ruler
of Abu Dhabi who, in the 19th century signed a whole succession of Maritime
Treaties, in his capacity as Ruler of all the coast between Dubai and Qatar. It
was also the Ruler of Abu Dhabi who, when breaches of the Treaties occurred,
was held responsible by the British Government for incidents caused by boats or
men from this coast. Again, it is the Ruler of Abu Dhabi who has continuously
asserted jurisdiction over the Khaur al- 4 Udaid who, in the 19th century, contested
the claim of the Shaikh of Qatar to the Khaur, and whose title to the Khaur was
repeatedly recognized by the British Government, and maintained by it against
both the Shaikh of Qatar and the Turkish Government. Coming to more recent
times, it was under the licence of the Ruler of Abu Dhabi that a British oil company,
in 1934, and later years, explored the coast and hinterland of the area which is the
subject of Article II (a) of the Arbitration Agreement. Again, it was the Ruler of
Abu Dhabi who, in 1942, granted air landing-rights to the British Government.
It was also the Ruler of Abu Dhabi who, in 1945, granted permission to a United
States Army Survey Party to survey the whole coastal tract, and, in 1947, to the
British Navy to survey the coast, islands, and shoals up to the Khaur al-‘Udaid.
Finally, it was the Ruler of Abu Dhabi who, when the Sa‘udi Government began
to encroach upon the area, in 1949, made representations to the British Govern
ment, and sent his brother with the British Political Officer to investigate, as a
result of which, the encroaching party withdrew, and a protest was made to the
Sa‘udi Government.
104. The Ruler of Abu Dhabi and the British Government became aware, in
1934, that the Sa‘udi Government had pretensions to the Khaur al-‘Udaid and the
Khaur al-Dhuwaihin. Subject to that fact—and the Ruler of Abu Dhabi had
displayed and exercised sovereignty in regard to that area, for a very long period
before 1934—all the above-mentioned open and public exercise of jurisdiction and
other State activity was undertaken by the Ruler of Abu Dhabi, without his right
to display his sovereignty in the area being at any time opposed, or called in question,
by the Sa‘udi rulers.
105. The evidence concerning the exercise of jurisdiction and other activity
of the Ruler of Abu Dhabi in the area which is the subject of Article II (a) of the
Arbitration Agreement thus leads to the following conclusions: (i), from ancient
times, the Rulers of Abu Dhabi have maintained a local administration in the two
centres of settled population (Liwa and Dalmah) in the area, and also in the
two centres of settled population in adjacent areas; (ii), these local administrations
extended to the tribesmen of the contiguous deserts; (iii), from ancient times,
the Rulers of Abu Dhabi have repeatedly displayed State activity in, and in regard
to, the Dhafrah— i.e., the whole area which lies between the Rub‘ al-Khali and the
sea, and between the Sabkhat Matti, in the west, and the Khatam, in the east;
(iv), from ancient times, the Rulers of Abu Dhabi have repeatedly displayed State
activity along the whole coastal tract, from Abu Dhabi town to the Khaur al-
Udaid, and amongst the islands of the contiguous archipelago; and (v), the Ruler
of Abu Dhabi s exercise of jurisdiction and display of State activity was not, at
any time, opposed by the Sa‘udi Rulers.
106. The Government of the United Kingdom, basing itself upon the above
conclusions of fact, drawn from the evidence, contends that the display and
exercise of jurisdiction, and other State activity, by the Rulers of Abu Dhabi in,
and m regard to, the area which is the subject of Article II (a) of the Arbitration
Agreement have been normal for such a region, and fully sufficient to establish the
sovereignty of the Ruler of Abu Dhabi over that area, in accordance with the
applicable principles of international law (1) . In particular, the Government of
the United Kingdom contends:—