The World Court Reference Guide and Case-Law Digest

Bimal N. Patel, Ph.D., LLM, MA, BSc, is Director (Vice-Chancellor) of the Gujarat National Law University, Gujarat, India. He has research interests and published books, research papers, articles on International Law & International Organisations, International Courts and Tribunals, Indian State Practice on international law, Law of the Sea, Foreign Policy and International Law.

Foreword
Preface
Acknowledgements and a Note on Archival Research
A Brief Note about Nomenclature – “The Gulf”
List of Figures

Introduction
 The Islands – “A Pile of Rock”?
 Lesser Tunb
 Greater Tunb
 Abu Musa

1 Origins and Nature of the Dispute
 Qawásim Motivations for Settling in Lengeh
 Status and Extent of Independence of the Qawásim Rulers in Lengeh
 Relevance of the Qawásim Reign in Lengeh to the Disputed Islands

2 The Gulf Islands Dispute in Historical Perspective
 The Islands in Antiquity
 The Islands during the Sixteenth Through the Eighteenth Centuries
 Reliance on Historical Assumptions and Conjecture – from Antiquity to the Eighteenth Century
 The Emergence of “Critical Dates” in the Nineteenth and Twentieth Centuries
 The Events of the Nineteenth Century Prior to 1887
 The Events of 1887
 The Events of 1904
 The Events of (and Preceding) 1971
 uae Protests since 1971
 Iran’s Stated Position

3 Modes of Acquisition and Effective Control of Territory
 General Rules under International Law
 Historical Consolidation of Title
 Geographical Considerations and the Doctrine of Contiguity
 Establishing Effective Control over Territory
 Other Relevant Concepts

4 The Pre-Sixteenth Century Period and the Existence of Historic Rights of Ownership
 Iranian Claims of Historic Rights of Ownership
 Challenges in Establishing the Iranian Claims
 Ancient or Historic Title over Territory under International Law
 Analysis of Iran’s Claim of Ancient or Historic Title
 Conclusions

5 The Kingdom of Hormuz, Its Conquest by Portugal in 1515 And Portugal’s Defeat at the Hands of Persia and Britain in 1622
 Were the Three Islands Territories of the Kingdom of Hormuz?
 In Conquering Hormuz, did Portugal Acquire Sovereignty over the Islands?
 Did Portugal Subsequently Cede the Islands to Persia?
 Did Persia Acquire Possession of the Islands through Conquest in 1622?
 Were the Kingdom of Hormuz or Portugal Sovereign over the Islands by Virtue of Geographical Considerations?
 Conclusions

6 The Early Seventeenth Century to the End of the Eighteenth Century: Were the Islands Still Terra Nullius?
 Recorded Sightings and Visits to the Islands
 Lack of Persian Sea Power
 Theories Underlying Persian Claims of Sovereignty
 Conclusions

7 The Seeds of Conflict: 1800 until 1887 – Effective Occupation
 Raising of the Persian Flag at the Island of Sirri in 1887
 Theoretical Framework for Asserting Acquisition of Title by Occupation
 Grounds for a Persian Claim of Occupation from 1800–1887
 Grounds for a Qawásim Claim of Occupation from 1800–1887
 Applicable Legal Doctrines
 Evidentiary Framework – Abu Musa
 Legal Analysis – Abu Musa
 Conclusions – Abu Musa
 Evidentiary Framework – The Tunbs
 Legal Analysis – The Tunbs
 Conclusions – Greater Tunb
 The Lesser Tunb
 Conclusions – Lesser Tunb

8 The Period 1887–1971: The Possible “Critical Dates” in the Sovereignty Dispute
 The Principle of the “Critical Date”
 Protest and Acquiescence
 Relevant Events Leading to the Possible Critical Dates
 The Events of 1887/8: Factual Background
 The Events of 1887/8: Is this the Critical Date of the Dispute?
 The “Flag Incident” of 1903/4: Factual Background
 The “Flag Incident” of 1903/4: Is This the Critical Date of the Dispute?
 Events Following the Critical Dates
 Conclusions

9 The mou Related to Abu Musa, the Seizure of the Tunbs by Iran on 30 November 1971 and Subsequent Events Up to the Present
 Relevant Historical Developments
 Legal Analysis – The Seizure of the Tunbs by Iran
 Legal Analysis – Abu Musa, Its Rightful Sovereign and the Legal Status and Effects of the mou
 Sovereign Ownership of Abu Musa Post – mou
 Legal Status of the mou under International Law
 Succession of the uae to the International Treaties of Sharjah
 Is the mou Null and Void Ab Initio for Having Been Procured by the Threat of Force?
 Unilateral Termination of the mou in the Absence of Breach
 Breach of the mou by Iran and Its Consequences
 Potential Role of the United Nations

10 Evidentiary Value of Maps in Sovereignty Disputes over Territory
 Evidentiary Value of Maps under International Law
 International Case Law
 Seventeenth and Eighteenth Century Maps Produced by the Dutch East India Company – An Early Window on the Islands
 Maps Relied on by Iran and Scholars Supporting Iran’s Claims of Sovereignty
 Assessment of the Evidentiary Value of the Maps Presented by Iran and Its Supporters

Bibliography
 Books and Chapters in Books
 Articles
 Other Sources
 Cases
 Treaties
 National Archives
Index