BAHRAIN-SAUDI ARABIA BOUNDARY AGREEMENT DATED 22 FEBRUARY 1958
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP08C01297R000500100001-7
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
10
Document Creation Date:
December 22, 2016
Document Release Date:
August 31, 2012
Sequence Number:
1
Case Number:
Publication Date:
February 22, 1958
Content Type:
REGULATION
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CIA-RDP08C01297R000500100001-7.pdf | 482.51 KB |
Body:
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Agreement between the Government of Bahrain
and the Kingdom of Saudi Arabia
Concerning Delimitation of the Continental Shelf
Signed: 22 February 1958
Entered into force: 26 February 1958
Attached map and text of agreement taken from Charney and Alexander (eds), International
Maritime Boundaries, VoL II, Martinus Nijhoff Publishers, 1991, 1494-1497.
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Continental Shelf Boundary Continental Shelf Boundary
BAHRAIN-IRAN Boundary Continental
ARABIA
Boundary Report 7-2 Boundary Report 7-3
Continental shelf boundary
"-- Limit of joint oil revenue arrangement
0 20 40
Nautical miles
:American Society of International Law, 1991
I
Administered by Saudi Arabia Fasht Abu-Sa'fah
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Bahrain-Saudi Arabia Boundary Agreement Dated 22 February 1958
Whereas the regional waters between the Kingdom of Saudi Arabia and the
Government of Bahrain meet together in many places overlooked by their
respective coasts,
And in view of the royal proclamation issued by the Kingdom of Saudi
Arabia on the 1st Sha'aban in the year 1368 (corresponding to 28th May
1949) and the ordinance issued by the Government of Bahrain on the 5th
June 1949 about the exploitation of the sea-bed,
And in view of the necessity for an agreement to define the underwater
areas belonging to both countries,
And in view of the spirit of affection and mutual friendship and the desire
of H.M. the King of Saudi Arabia to extend every possible assistance to the
Government of Bahrain,
the following agreement has been made:
1. The boundary line between the Kingdom of Saudi Arabia and the Bahrain
Government will begin, on the basis of the middle line from point 1, which
is situated at the mid-point of the line running between the tip of the Ras al
Bar (A) at the southern extremity of Bahrain and Ras Muharra (B) on the coast
of the Kingdom of Saudi Arabia.
2. Then the above-mentioned middle line will extend from point 1 to point
2 situated at the mid-point of the line running between Point (A) and the
northern tip of the island of Zakhnuniya (C).
3. Then the line will extend from point 2 to point 3 situated at the mid-
point of the line running between point A and the tip of Ras Saiya (D).
4. Then the line will extend from point 3 to point 4, which is defined on
the attached map and which is situated at the mid-point of the line running
between the two points E and F which are both defined on the map.
5. Then the line will extend from point 4 to point 5, which is defined on
the map and which is situated at the point (sic) of the line running between
the two points G and H which are defined on the map.
6. Then the line will extend from point 5 to point 6, which is defined on
the map and which is situated at the mid-point of the line running between
the two points I and J which are defined on the map.
7. Then the line will extend from point 6 to point 7 situated at the mid-
point of the line running between the south-western tip of the island of Umm
Nasan (K) and Ras Al Kureya (L).
8. Then the line will extend from point 7 to point 8 situated at the western
extremity of the island Al Baina As Saghir, leaving the island to the
Government of Bahrain.
9. Then the line will extend from point 8 to point 9 situated at the eastern
extremity of the island Al Baina Al Kabir, leaving the island to the Kingdom
of Saudi Arabia.
10. Then the line will extend from point 9 to point 10 situated at the mid-
point of the line running between the north-western tip of Khor Fasht (M) and
the southern end of the island of Chaschus (N).
11. Then the line will extend from point 10 to point 11 situated at the
mid-point of the line running between point 0 situated at the western edge of
Fasht Al Jarim and point N referred to in subsection 10 above.
12. Then the line will extend from point 11 to point 12 situated at latitude
26? 31' 48" north and longitude 50? 23' 15" east approximately.
13. Then the line will extend from point 12 to point 13 situated at latitude
26? 37' 15" north and longitude 50? 33' 24" east approximately.
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14. Then the line will extend from point 13 to 14 situated at latitude
26? 59' 30" north and longitude 50? 46' 24" east approximately, leaving the
Rennie Shoals (known as Najwat Al Riqai and Fasht Al Anawiyah) to the
Kingdom of Saudi Arabia.
15. Then the line will extend from point 14 in a north-easterly direction
to the extent agreed upon in the royal proclamation issued on the 1st Sha'aban
in the year 1368 (corresponding to 28th May, 1949) and in the ordinance
issued by the Government of Bahrain on the 5th June, 1949.
16. Everything that is situated to the left of the above-mentioned line in
the above subsections belongs to the Kingdom of Saudi Arabia and every-
thing to the right of that line to the Government of Bahrain, with the obligation
of the two governments to accept what will subsequently appear in the second
clause below.
The area situated within the six defined sides is as follows:
1. A line beginning from a point situated at latitude 27? north and longi-
tude 50? 23' east approximately.
2. From there to a point situated at latitude 26? 31' 48" north and longi-
tude 50? 23' 15" east approximately.
3. From there to a point situated at latitude 26? 37' north and longitude
50? 33' east approximately.
4. From there to a point situated at latitude 26? 59' 30" north and longi-
tude 50? 46' 24" east approximately.
5. From there to a point situated at latitude 26? 59' 30" north and longi-
tude 50? 40' east.
6. From there to a point situated at latitude 27? north and longitude 50?
40' east approximately.
7. From there to the starting point.
This area cited and defined above shall be in the part falling to the Kingdom
of Saudi Arabia in accordance with the wish of H.H. the Ruler of Bahrain
and the agreement of H.M. the King of Saudi Arabia. The exploitation of the
oil resources in this area will be carried out in the way chosen by His Majesty
on the condition that he grants to the Government of Bahrain one half of the
net revenue accruing to the Government of Saudi Arabia and arising from this
exploitation, and on the understanding that this does not infringe the right of
sovereignty of the Government of Saudi Arabia nor the right of administra-
tion over this above-mentioned area.
Two copies of a map shall be attached to this agreement, making as clear as
possible the positions and points referred to in the foregoing subsections,
subject to the map being made final by the expert knowledge of the committee
defined in the fourth clause below. This map shall become final and an integral
part of this agreement after approval and signature by the accredited repre-
sentatives of the two governments on behalf of the two parties.
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The two parties shall choose a technical body to undertake the necessary
measures to confirm the boundaries in accordance with the provisions of this
agreement on the condition that this body shall complete its work two months
at the most after the date of execution of this agreement.
Fifth Clause
After the committee referred to in the fourth clause has completed its work
and the two parties agree on the final map which it will have prepared, a
body of technical delegates from both sides shall undertake the placing of
signs and the establishing of the boundaries in accordance with the detailed
announcements made clear in the final map.
This agreement shall come into effect from the date on which it is signed by
the two parties.
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Bahrain-Saudi Arabia
Report Number 7-3
Agreement between the Government of Bahrain
and the Kingdom of Saudi Arabia
Concerning Delimitation of the Continental Shelf
Signed: 22 February 1958
Entered into force: 26 February 1958
Published at: National Legislative Series, UN Doc. No.
ST/LEG/SER. B/16, p. 409 (1974)
Limits in the Seas No. 12 (1970)
I Canadian Annex 83 (1983)
II Libyan Annex No. 5 (1983)
I Conforti & Francalanci 103 (1979)
1 Basic Oil Laws and Concession Contracts (Middle East) (1959)
1 International Law of Ocean Development: Basic Documents 420
(1976)
I SUMMARY
Bahrain and Saudi Arabia are situated as opposite states on the Arabian side
of the Persian Gulf. Their continental shelf boundary - the first to be delim-
ited in the Gulf extends for a distance of 98.5 nautical miles (n.m.) and
involves 14 points connected by straight lines. The agreement delimiting this
boundary also delimits an area on the Saudi side of the boundary, the so-called
Fasht Abu-Sa `fah' Hexagon, in which the two governments share income
derived from petroleum operations. Two distinct methods of delimitation were
involved. For approximately two-thirds of its length the boundary was delim-
ited using a variation of the equidistance method. The remainder of the
boundary was delimited so as to coincide with the limits of the Fasht Abu-
Sa'fah oil field. Ratifications were exchanged on 26 February 1958, and the
agreement came into force on that date.
1?L Chary and L.M. Alexander (eds), International Maritime Boundaries. 1489-1497.
m 1993 The American Society of International Law. Printed in the Netherlands.
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1490 Report Number 7-3
II CONSIDERATIONS
I Political, Strategic, and Historical Considerations
The agreement between Bahrain and Saudi Arabia resolved a longstanding
dispute over the islands of Lubai
h
l
A
-Kabirah and Lubainah Al Saghirah,
as na
well as a dispute over th
F
'
e
asht Abu-Sa
fah oil field. In 1941, the Bahrain
Petroleum com
B
pany (
APCO) was granted exploration rights in this field.
When Saudi Ar
bi
b
e
a
a o
ject
d, BAPCO suspended operations and the two gov-
ernments entered into ., u...... ....___ ., . __
e ed
?
to cede Lubainah
Al-Kabirah to Saudi Arabia in return for recognition of its sovereignty over
Lubainah Al-Caoh;rnk
_
also
Sa'fah field. When the parties were unable to agree on how the field should
be divided- they 90rAaA
Lacir Continental
shelf boundary so as to coincide with the limits of the field (placing the field
entirely on Saudi Arabi
'
id
a
s s
e of the boundary), and to share equally in the
th
f_?
oil revenues derived fro
e
m
2 Legal Regime Considerations
The agreement delimits the respective continental shelf jurisdictions of the
parties and, in addition, carves out an area on Saudi Arabia's continental
shelf in which Bahrain is entitled to share equally in the revenues generated
by petroleum development. The agreement explicitly states that this revenue-
sharing arrangement does not affect Saudi Arabian sovereignty over the area,
subject to revenue-sharing.
There are no provisions for dispute settlement or provisions dealing with
common structures.
3 Economic and Environmental Considerations
Economic considerations motivated the delimitation and ultimately affected
the location of the boundary. The parties' dispute over the Fasht Abu-Sa'fah
field and rho _____
of
U ~.V UN (le
with the limits of the field. While the agreement placescth
e fieldcentirelylon
Saudi Arabia's side of the boundary and makes clear that it is subject to Saudi
sovereignty and control, Bahrain is entitled to share equally in all petroleum
revenues derived from the field.
Environmental considerations were not involved in the delimitation.
4 Geographic Considerations
The parties' use of a variation of the equidistance method to delimit almost
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two-thirds of the boundary reflects the fact that Saudi Arabia and Bahrain
have opposite coastlines.
5 Islands, Rocks, Reefs, and Low-Tide Elevations Considerations
Bahrain is an island state and, with respect to that part of the boundary that
was delimited using a variation of the equidistance method, Bahrain was given
full effect. Certain small islands and drying reefs belonging to both parties
were also eiven full effect. Other small islands and low-tide elevations were
ignored. The allocation of Lubainah Al-Saghirah to Bahrain and Lubainah Al-
Kabirah to Saudi Arabia determined the location of part of the boundary,
since turning points are located on both of these islands.
Although Saudi Arabia declared a system of straight baselines shortly before
the continental shelf agreement was signed, this claim did not affect the location
of the boundary.
7 Geological and Geomorphological Considerations
Geology was a factor in the delimitation in the sense that the limits of the
Fasht Abu-Sa'fah field define approximately one-third of the continental shelf
boundary.
Geomorphology did not influence the boundary. The seabed in the vicinity
of the boundary lies at very shallow depths (approximately 10-50 meters) and
is devoid of any distinguishing geomorphologic features.
8 Method of Delimitation Considerations
For almost two-thirds of its length, the boundary was delimited using what
the parties described as a 'middle line' connecting the mid-points of lines
drawn between specified points on the parties' coast (most English transla-
tions of the agreement use the term 'median line'; however, the Arabic text
- Al-Kharal Wasar - correctly translated means `middle line').
The remainder of the boundary was delimited so as to coincide with the
limits of the Fasht Abu-Sa'fah field.
The agreement allocated Lubainah Al-Saghirah to Bahrain and Lubainah
Al-Kabirah to Saudi Arabia.
The agreement does not specify the coordinates of the terminal points and
turning points of the boundary. In the south, where the boundary was delim-
ited as a `middle line,' the terminal point and turning points are defined simply
as `mid-points' of lines connecting specified points on the parties' coasts,
except for two points which are located on Lubainah Al-Saghirah and Lubainah
Al-Kabirah, respectively. In the north, where the boundary was delimited on
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I
1492 Report Number 7-3
the basis of the Fasht Abu-Sa'fah field, the turning points are defined in terms
of approximate intersections- of specified parallels of latitude and meridians
of longitude.
Beyond the last turning point (Point 14), the boundary is described as
proceeding in a northeasterly direction to the extent consistent with the parties'
respective continental shelf proclamations. The terminal point of the Saudi
Arabia-Bahrain boundary has now been established approximately 12.25 n.m.
northeast of Point 14, when the Bahrain, Iran, and Iran-Saudi Arabia bound-
aries were delimited.
9 Technical Considerations
At the time of the agreement, hydrographic charts of the parties' coasts were
not sufficiently accurate to permit the construction of precise equidistant lines.
The agreement provides for the establishment of a joint commission to carry
out the surveys necessary to establish the boundary delimited by the agree-
ment and to demarcate the points used in the delimitation. The agreement also
provides for the preparation of a map illustrating the boundary. After being
approved by the parties, this map became an `integral part' of the agreement.
10 Other Considerations
III CONCLUSIONS
Economic considerations motivated the delimitation. The parties recognized
that offshore petroleum exploration could not proceed until the boundary was
established. The location of the boundary was determined by (1) the opposite
relationship of the parties coasts, (2) the agreed upon allocation of two disputed
islands, and (3) the limits of the Fasht Abu-Sa'fah field.
IV RELATED LAW IN FORCE
A Law of the Sea Conventions
I
Bahrain: Party to the 1982 LOS Convention
Saudi Arabia: None
B Maritime Jurisdiction Claimed at the rme of Signature
Both states had issued general continental shelf proclamations without defining
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i Bahrain-Saudi Arabia 1493
,Is
as
the limits of this claim. Bahrain claimed a 3p-mile territorial sea, and Saudi
Arabia claimed 12 miles, measured in part from straight baselines
C Maritime Jurisdiction Claimed Subsequent to Signature
There have been no changes in territorial sea claims. Saudi Arabia in 1974
claimed an exclusive economic zone of unspecified breadth
.!d
as
to
_=d
H.M. AL-BAHARNA, THE LEGAL STATUS OF THE ARABIAN GULF STATES (1968)
Amin. Customary Rules of Delimitation of the Continental Shelf: The Gulf States Practice,
JOURNAL OF MARITIME LAW AND COMMERCE 509 (1980)
D.W. BowETT, THE LEGAL REGIME OF ISLANDS IN INTERNATIONAL LAW (1979)
A.A. EL-HAKIM, THE MIDDLE EASTERN STATES AND THE LAW OF THE SEA (1979)
Gault, Offshore Boundary Delimitation in the Arabian/Persian Gulf in OCEAN BOUNDARY MAKING:
REGIONAL ISSUES AND DEVELOPMENTS (D. M. Johnston and P. M. Saunders eds. 1988)
Lagoni, Oil and Gas Deposits across National Frontiers, 73 A.J.I.L. 215 (1979)
H. Lauterpacht. Contemporary Practice of the United Kingdom in the Field of International
Law, 7 INT'L & COMP. L.Q. 514 (1958)
C.G. MACDONALD, ]RAN. SAUDI ARABIA, AND THE LAW OF THE SEA (1980)
Padwa. Submarine Boundaries, 9 INT'L L. & COMP. L.Q. 628 (1960)
Prepared by Robert F. Pietrowski. Jr.
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