Introduction
This book is about the three Gulf1 islands of Abu Musa, Greater Tunb and Lesser Tunb, and the public international law aspects of the dispute between the Is- lamic Republic of Iran and the United Arab Emirates over whose claim of sov- ereignty to the islands is superior. Although the controversy over ownership of the three islands has often been framed by the disputing parties, as well as some analysts and commentators, as if the historical and legal considerations relevant to resolving the claims over one of the islands are equally applicable to the other two, this is not entirely accurate. In particular, the history of Abu Musa, and the features of that history, including possession, assertions of own- ership and acts of administration taken with respect to the island which are relevant to assessing the claims of title asserted by the two parties, differ in cer- tain significant ways from the relevant history of the two Tunbs islands. These distinctions are most evident in the period prior to the late nineteenth century, when it first became clear that ownership of all three islands was contested, but they also sporadically appeared thereafter. These differences will be noted where relevant and taken into account in analyzing the respective claims by the parties in the chapters which follow. Other than the historical differences which preceded the outbreak of the dispute over title to Abu Musa, as compared to the Tunbs, another distinguish- ing factor in analyzing the rights of the parties over that island as compared to the Tunbs is that, during a moment of particular tension in the dispute in November 1971, the parties entered into an agreement, designated a “Memo- randum of Understanding” (mou), setting out certain jurisdictional and other rights allocated to each of them on and in relation to the island of Abu Musa. Through the mou, Iranian forces were allowed to occupy positions on the island, thus sharing de facto control and possession of the island with the Emiratis who had until then held sole possession under the protection of the British government. In line with Iran’s arguments, asserted over a period of around eighty years prior to that time, to the effect that Abu Musa (and the Tunbs) were its sovereign territory, the landing of Iranian forces was a circum- stance the Shah of Iran made clear he was prepared to achieve with or without an agreement. Although by pragmatic design it did not address or resolve the matter of sovereignty over the island (the document states that neither party
1 Alternatively called the Persian Gulf or the Arabian Gulf by the States located on its littoral. As discussed above, this book shall refer to that body of water as simply the “Gulf”.
© koninklijke brill nv, leiden, ���8 | doi 10.1163/9789004236196_002
2 The text of the mou and related documents is reproduced in Patricia L. Toye, ed., The Lower Gulf Islands: Abu Musa And The Tunbs Dispute (Slough, England: Archive Editions, 1993), Vol. 6, 488–504. For a full discussion of the mou and its legal implications, see chapter 9.