مجموعة ٣٠/٨٧(٢) الجزء II "قطر: الامتياز النفطي - عمليات شركة امتيازات النفط المحدودة." [و‎‎١‎١‎٣] (٦٠٣/٢٢٨)

following general conclusions from the discussions on this
question:
"(a) That an island proper and having its own territorial
waters, must be permanently uncovered at high tide and be
capable of use and occupation. It need not, perhaps, be
entirely natural, provided it is not a mere floating work
and rests on the sea-bed.
(b) On the other hand, near the mainland, i.e., within
the territorial belt, and for the purpose of establishing
a base-line along the mainland, an "island** may consist of
a mere rock or bank if uncovered at low water .’ 1
It would I think be consistent with our practice in the
past and with the views which we have expressed on the
international law on the matter and with the conclusions to
which, judging from Mr. Pitzmaurice*s analysis, the discussions
of the Conference were leading^ to consider a shoal of rock
outside the territorial belt as an island having territorial
waters only if it is (a) uncovered at high tide and (b) capable
of use and occupation, meaning that it must be at least
capable of human use and habitation in its present state.
There is no contrary pronouncement on the legal position by any
authority which we ought to follow, and I am, therefore, of the
opinion that these tests should be applied by us in the case
of Dibal and Jaradah.
We are informed thatt-
(a) Dibal consists of a coral reef which is completely
submerged at high water except for a cairn built by the
Bahrein Government and a small square of wall built to protect
the head of an artesian well, sunk by the oil company which
holds the oil concession over Bahrein. The wall is damaged
and out of action.
(b) Jaradah is a sand bank of which an area of about
twenty yards by ten yards is permanently above water. It
also has a cairn erected by the Bahrein Government and an
artesian well, the history of which is not stated. The base
of the cairn and the well which is sealed are both below high
water level.
My conclusion, therefore, is that Dibal and Jaradah
could not on the evidence be said to be capable of human use
and habitation in their present state and they should not be
considered to be islands having territorial waters.