Boundaries, territorial disputes and the GCC states Maisa AlJabri 108090

Outline Introduction Contemporary Territorial Framework (According to the book) GCC and Territorial Disputes Regional Disputes Since the Issue of Manama Directive (December 1994) Settled and Unsettled Disputes

Introduction Contemporary framework of political map in the gulf region is based on: recent trends, current process, and historical Patterns Current framework of the territory is not yet completely evolved, change is based on: Whether Eurocentric precepts are accepted in the region Degree of the map evolution Expansionist policies of major powers in the region Remaining of strategic economic asset to the west Regulation and institutionalization of the framework in the region

Contemporary Territorial Framework Sovereignty in modern International Law Vs in Islamic Constitutional Law. O’Brien’s idea about the “appeal of nationalism to the educated youth of the desert”. The linear international boundaries are increasingly accepted. Boundary agreements are concluded and finalized, they convince the international legal community that it will be permanent. Can the framework withstand internal and external challenges? Arguments that it is a European Concept.

Contemporary Territorial Framework -CONTD Regional Territorial ambitions of Saudi Arabia and Iran Anglo-Najdi 1927 Anglo-Saudi frontier negotiations 1934 1840 Persian minister clamed the whole gulf belongs to the Qajar state. 1969: Iranian Shah announced that inhabitants of Bahrain were free to decide their fate, majority wished to remain independent from Iran. Iranian claims to share waters of Shatt AL Arab and sovereignty of Abu Musa and the Tunbs.

Contemporary Territorial Framework -CONTD Regional Territorial ambitions of Iraq Iraqi claim on Kuwait is based on two contradictory levels: Claim on the whole of Kuwait based on the state’s inclusion within the Ottoman province of Basra before WW1: 1938 Iraqi foreign minister Tawfiq alSuwaidi. 1961 Iraqi leader Abdel Karim Qasim 1990-91 Iraqi’s invasion of Kuwait Iraqi claim to have limited access to Gulf waters.

Contemporary Territorial Framework -CONTD settled Arabian Land Boundary delimitations-South-Western 1958: First sea-bed boundary agreement in the Gulf between Bahrain and KSA. 1965: Qatar and KSA land boundary delimitation. 1965: KSA and Jordan (Aqaba and Ma’an swap) 1965-1969: KSA and Kuwait partitioned the Neutral Zone of 1922 Uqair conference. 1975-1981: KSA and Iraq partitioned Neutral Zone of 1922 Uqair conference. Not everyone in the international community was aware of these modifications, only released in the Gulf war 1991 and then registered in the UN.

Contemporary Territorial Framework -CONTD settled Arabian Land Boundary delimitations- South 1970s and 1980s: lack of progress in finalizing political map. 1974: sovereign access corridor for KSA south of Qatar through Khor al-Udaid, and dropped claim over Buraimi/al-Ain territory. 1993: UAE westernmost territorial limits were extended into Khor al-Udaid. 1990: Saudi withdrew from Omani borders. 1991-1993: Oman and UAE agreement. 1992: Oman and Yemen boundary delimitation. Un-demarcated Saudi-Qatari border at Khafus. (political) 1991-1992: Iran and Qatar gas field dispute.

GCC and Territorial Disputes Establishment of GCC in 1981. Before 1990: Not active in solving territorial disputes. Article 10: ‘Commission for the settlement of disputes’ Members decided not to refer territorial disputes to the council for formal treatment. Bahraini-Qatari dispute over Hawar and the Shoals addressed at ministerial level. Achievement: prevention of war between Bahrain & Qatar in 1986 over Dibal Shoal. GCC reaction on Iran-Iraq war 1980-1990

GCC and Territorial Disputes -CONTD After 1990: 1990 Iraq invasion of Kuwait. Damascus Declaration 1991: collective security with Syria and Egypt. Abu Dhabi ‘declaration’: on the actions of Iran in Abu Musa. Manam Summit 1994: call for bilateral settlement of territorial disputes, towards finalizing the political map. Bahrain-Qatar Hawar dispute was in the ICJ at that time. GCC policy towards territorial disputes have been reactive not proactive.

Conduct of Regional Disputes Since Manama Directive 1994 1995, South-Eastern Peninsula: Oman and Yemen final demarcation of international boundary. Oman and Saudi signed detailed maps. Saudi confirmed treaty of 197 with UAE by registering it with the UN. 1994 Iraq unconditional recognition to the UN of Iraq-Kuwait borders. Saudi and Yemen still negotiating the red sea borders. 1996: first Yemeni claim over the indeterminate stretch at the east.

Conduct of Regional Disputes Since Manama Directive 1994-CONTD ICJ on Bahraini-Qatari Dispute Three main features: the Hawar island group, Dibal and Jarada Shoals and Zubarah. 1990: agreement, should no agreement reached after 6 months then it is forwarded to the ICJ. 1991, Qatar referred the case to the ICJ. 1994: The Hague ruled to posses jurisdiction.

Conduct of Regional Disputes Since Manama Directive 1994-CONTD ICJ on Bahraini-Qatari Dispute After the Manama directive in 1994, Bahrain suggested: Continue treating dispute bilaterally. Forward it to supreme council in 1995 if there’s no progress. Press to activate GCC ‘committee for the settlement of disputes’ Qatar invited Saudi for mediating role. 1996 the deadline to submit memorials, Bahrain requested an extension. 2001: ICJ awarded Hawar islands to Bahrain and Zubarah for Qatar.

Conduct of Regional Disputes Since Manama Directive 1994-CONTD Iran & UAE dispute 1995 first bilateral contact, to agree how to solve the dispute. UAE agenda: Iran ends military occupation on the 3 islands. Iran to abide the 1971 Memorandum of Understanding. Settling the sovereignty of Abu Musa. Include external arbitration, if the bilateral talks fail. After British withdrawal from the region in 1971, Iran occupied the 3 islands. November 1971: MOU. Challenges of MOU: 1980 Iran-Iraq war. 1991 Iran’s seizure of a Dutch sailor. 1992 Iran prevented a group of non-nationals from entering.

Conduct of Regional Disputes Since Manama Directive 1994-CONTD Iran & UAE dispute 1992: GCC Supreme Council called upon Iran to end its occupation. MOU not quite operational locally. For 44 coming years: a war of words from Iran’s side continued. Sultan Fahim suggestion to refer the dispute to the ICJ: which is not legal. US support for the UAE in 1995. 2012: Iranian president visits Abu Musa. UAE recalls its ambassador to Iran. UAE operates an overland oil pipeline passing Hormuz. Iran threatens to close the strait of Hormuz.

Settled and Unsettled Disputes 3 Main disputes: Iran-UAE (Abu Musa + The Tunbs) Iraq-Kuwait. Bahrain-Qatar (Hawar islands) Why Iraq and Kuwait dispute is possible in the future: Policies of Iraq access to the Gulf Sahtt Al Arab question. Readiness of Iraqi government to reannnounce the international border. Developing territorial consciousness of Iraqi people. Inbility of Iran, Iraq and Kuwait to cooperate. GCC treats each dispute with different regulations: Qatar-Bahrain (bilateral solution was the more convenient) Iran-UAE (ICJ is more convenient)

Conclusion GCC countries managed to settle a territorial framework through a permanent internationally recognized political map. Most of the border disputes have been settled, except for the Abu Musa island and the Tunbs. GCC has more of a reactive response rather than a proactive one towards bilateral disputes in the region.

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