Hostname: page-component-77c89778f8-gq7q9 Total loading time: 0 Render date: 2024-07-17T23:18:09.311Z Has data issue: false hasContentIssue false

The Arab League as a Regional Arrangement

Published online by Cambridge University Press:  20 April 2017

Majid Khadduri*
Affiliation:
Higher Teachers College, Baghdad, Iraq

Extract

The Arab countries long ago aspired to form some kind of union and the movement towards that ideal came to be known as Pan-Arabism. The roots of the movement go back to the time when the various nationalities of the Ottoman Empire rose in revolt against Turkish domination and aimed at eventual separation from Ottoman sovereignty. Some of the Arab countries actually defied Turkish authority and were separated, at least for a definite period of time, from the Ottoman body politic: such were the Arabian Peninsula under the Wahhabis and Egypt under Mohammed Ali.

Type
Research Article
Copyright
Copyright © American Society of International Law 1946

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 See on the Wahhabi movement Palgrave, W. G., Essays on Eastern Questions, London, 1872, pp. 111-141 Google Scholar; and Kohn, Hans, History of Nationalism in the East, London, 1929, pp. 15-25 Google Scholar. See a discussion on Mohammed AH as champion of the oppressed Arabs against the Turks by Rustum, Asad J., The Royal Archives of Egypt and the Origins of the Egyptian Expedition to Syria, 1831-1841, Beirut, 1936 Google Scholar.

2 On the origins of Arab nationalism see Antonius, George, The Arab Awakening, London, 1938 Google Scholar; and Hans Kohn, work cited, pp. 266 and ff.

3 Lawrence, T. E., Secret Despatches From Arabia, London, no date, pp. 68-69 Google Scholar.

4 “Some Englishmen, of whom Kitchener was chief, believed that a rebellion of Araba against Turks would enable England, while fighting Germany, simultaneously to defeat her ally Turkey. Their knowledge of the nature and power and country of the Arabic-speaking peoples made them think that the issue of such a rebellion would be happy: and indicated its character and method. So they allowed it to begin, having attained formal assurances of help for it from the British Government”: Lawrence, T. E., Seven Pillars of Wisdom, New York, 1938, pp. 7, 28Google Scholar.

5 See letter from Sherif Hussain to Sir Henry McMahon, July 14, 1915 (Correspondence between Sir Henry McMahon . . . and the Sherif Hussein of Mecca, in Great Britain, Parliamentary Papers, Miscellaneous No. 3 (1939), Cmd. 5957, London, 1939, p. 3).

6 Same, p. 8.

7 See text of the agreement in Temperley, H. W. V. (ed.), A History of the Peace Conference of Paris, London, 1924, Vol. VI, pp. 16-17 Google Scholar; also Pichón, Jean, Le Partage du Proche—Orient, Paria, 1938, pp. 99-118 Google Scholar.

8 Hobson, J. A., Towards International Government, London, 1915, pp. 138-141 Google Scholar. Professor Pitman В. Potter regarded Hobson’s proposals for international administration of colonies as “the clearest anticipation of the mandate system before Smuts”: Potter, Pitman B., “Origins of the System of Mandates under the League of Nations,” in American Political Science Review, Vol. XVI (1922), p. 574 Google Scholar.

9 Smuts, J. C., The League of Nations: A Practical Suggestion, New York, 1919, pp. 14 and ffGoogle Scholar. See also Wright, Quincy, Mandates Under the League of Nations, Chicago, 1930, pp. 24 and ff.Google Scholar

10 “Certain communities formerly belonging to the Turkish Empire have reached a stage of development where their existence as independent nations can be provisionally recognised subject to the rendering of administrative advice and assistance by a Mandatory until such times as they are able to stand alone” (Article 22 of the Covenant of the League of Nations).

11 Sir Henry Dobbe, British accredited representative, admitted before the Permanent Mandates Commission of the League of Nations, at its tenth session, that “For various reasons, into which I need not enter, my country had fallen iato disfavour among Oriental peoples’. . . from India to Egypt the Eastern world lay in a, welter of resentment against the policy of the British and their allies, whose aim had everywhere been industriously misrepresented”: League of Nations, Minutes of the Permanevi Mandate Commission, Tenth Session (November, 1926), p. 45.

12 In a letter to William Yale dated October 22, 1929, T. E. Lawrence wrote: “It is my deliberate opinion that the Winston Churchill settlement of 1921-1922 (in which I shared) honourably fulfils the whole of the promises we made to the Arabs, in so far as the so-called British spheres are concerned” (See Garnett, David, The Letters of T. E. Lawrence, London, 1938, p. 671 Google Scholar; and Lawrence’s Seiten Pillars of Wisdom, p. 276). See a criticism of this point of view in Antonius, George, The Arab Awakening, London, 1937, p. 319 Google Scholar.

13 See speech by Lutfi Beg el-Haffar, a former Syrian Prime Minister, on the occasion of King Ghazi’s death by accident, al-Istiqlal, Baghdad, May 16, 1939.

14 Haikal, Yusuf, Towards Arab Unity, Cairo, 1943, pp. 37-48 (in Arabic)Google Scholar ; also Rabbath, Edmond, Unité Syrienne et Devenir Arabe, Paris, 1937, p. 33 and ffGoogle Scholar.

15 Gibb, H. A. R., “The Future of Arab Unity,” in Ireland, Philip W. (ed.), The Near Basi: Problems and Prospects, Chicago, 1942, p. 77 Google Scholar.

16 Arelan, Amir Chekib, Arab Unify, Damascus, 1937, pp. 10, 12, 16-17 (in Arabic)Google Scholar.

17 MacCullum, Elizabeth P., The Nationalist Crusade in Syria, New York, 1928, pp. 35 and ff.Google Scholar; also Baihum, M. Jamil, The Two Mandates of Iraq and Syria, Sidon, 1931, pp. 96-98 (in Arabic)Google Scholar.

18 On the work of German agents in the Near East see Sulzberger, C. L., “German Preparations in the Middle East,” in Foreijn Affairs, Vol. 20 (July, 1942), pp. 663-678 CrossRefGoogle Scholar; and Viton, Albert, “Hitler Goes to the Arabs,” in Asia, Vol. 39 (July, 1939), pp. 419-422 Google Scholar.

19 The Times, London, May 30, 1941.

20 The Times, London, June 9, 1941 ; official text in Journal officiel de la République Syrienne, No. 40 bis (October 14, 1941), p. 1.

21 Al-Ahram, Cairo, March 3 and 18, 1943. See similar declarations and comments by other Arab leaders in al-Ahram, March 1 and 2, 1943.

22 General Nuri al-Sa’id, Arab Independence and Unity, Baghdad, 1943.

23 AirAhram, Cairo, May 31, 1943.

24 The Iraq Times, Baghdad, January 8, 1944.

25 See work cited in note 22, pp. 11-12; the plan has been quoted by ColonelNew-combe, S. F. in his article “A Forecast of Arab Unity,” in Journal of the Royal Central Asian Society,” Vol. XXXI (1944), p. 158 CrossRefGoogle Scholar.

26 There has always been a Pan-Arab group in Egypt advocating cooperation with the Arab countries. See Kayyali, Sami, al-Fikr ai-Arabi, Cairo, 1943, pp. 57-74 Google Scholar.

27 Young, George, Egypt, London, 1927 Google ScholarPubMed, and Hocking, W. E., Spirit of World Politics, New York, 1932, Chap. VGoogle Scholar.

28 Al-Ahram, Cairo, June 26, 1944, p. 6.

29 Al-Ahram, Cairo, September 26, 1944, p. 3.

30 Same.

31 See text of Amir Abdullah’s plan in Al-Ahali, Baghdad, April 21, 1943.

32 See work cited in note 22, pp. 4, 10, 11. See also Schacht, J., “Will there be an Arab Federation?” in Great Britain and the East, Vol. LX (September 25, 1943), p. 17 Google Scholar.

33 The Saudi-Arabian, and Yeman delegates declared that they had to submit the Protocol to their Governments for approval before signature. Later on the Protocol was signed by them. The Palestine delegate likewise did not sign and his name was not mentioned in the Protocol, since Palestine was not an independent Arab state.

34 See text of the Protocol in al-Ahram, Cairo, October 8, 1944, p. 3.

35 Text in this Journal, Vol. 39 (1945), Supplement, p. 266. The term “league “ is not a accurate translation of the word “jami’a” which is particularly chosen for the Arab group of States.

36 Some of the Arabic speaking countries, especially the North African protectorates sough to join the Arab League but, owing to their special dependent status, it was though desirable to confine membership at present to the independent Arab countries. Whethe: the North African countries could, in the future, be brought within the orbit of the Aral League depends upon national and international factors too complicated to be foreseen See Hitti, Philip K., “The Possibility of Union among the Arab States,” in The Annual Re port of the American Historical Association, Vol. III (1942), p. 156 Google Scholar; also Schacht, J., “Wil There be an Arab Federation?” in Great Britain and the East, Vol. LX (Sept. 25, 1943), p. 15 Google Scholar

37 In a letter to the League of Nations dated November 28, 1941, General Charles de Gaulle said: “The independence and sovereignty of Syria and the Lebanon will . . . not affect the juridical situation as it is established by the mandate.” He added that “this juridical situation could not be changed without consent of the League Council, agreement of the United States—party to the Franco-American treaty of April 4, 1924—and conclusion of a treaty by France with the Syrian and Lebanese Governments.” See Ireland, Philip W. (ed.), The Near East: Problems and Prospects, Chicago, 1942, p. 235 Google Scholar.

38 See Khadduri, Majid, “The Franco-Lebanese Dispute and the Crisis of November, 1943,” in this Journal, Vol. 38 (1944), pp. 601-620 Google Scholar.

39 Mr. Bevin, British Secretary of State for Foreign Affairs, declared, in his speech at the Assembly of the United Nations on January 17, 1946, that “regarding the future of Trans-jordan, it is the intention of His Majesty’s Government in the United Kingdom to take steps in the near future for establishing this territory as a sovereign independent state and for recognizing its status as such”: The Times, London, January 18, 1946. Great Britain formally recognized the independence of Transjordan in 1946.

40 Article 2.

41 Article 5.

42 Article 6.

43 For a critical study of sanctions see Potter, Pitman B., Collective Security and Peaceful Change (Chicago, 1937), pp. 6-19 Google Scholar, and Conwell-Evans, T. P., League Council in Action (London, 1929)Google Scholar.

44 Oppenheim, L., International Law, ed. Lauterpacht, H. L., London, 1937, Vol. I, p. 160 Google Scholar; Hall, W. E., A Treatise on International Law, ed. Higgins, A. P., Oxford, 1924, pp. 24-25 Google Scholar.

46 Internally, a federal state is said to be a real state side by side with its constituent states, because its organs have a direct power over the citizens of those member-states. “The citizen of each constituent state,” says Maclver, “within the federation owes a double but not a conflicting political allegiance”: Maclver, R. M., The Modern State, Oxford, 1926, p. 358 Google Scholar. This is a characteristic distinction established by early American jurists between a federal and a confederal union. See The Federalist (Hamilton) No. 15. See also Oppenheim, work cited, Vol. I, p. 160.

46 See united Staies v. Curtiss-Wright Export Corporation, 57 Supreme Court Reporter, 216-227. See also Oppenheim, work cited, Vol. I, p. 160; W. E. Hall, work cited, p. 25; Wright, Quincy, Control of American Foreign Relations, New York, 1922, pp. 21, 28-29Google Scholar.

47 Oppenheim, Vol. I, p. 159; and W. E. Hall, p. 27.

48 It is reported that the British delegation “pointed out that if [a] specific reference were made to the Act of Chapultepec, the Arab League would want a specific reference to its regional arrangement, with the possible consequence that the Palestine issue would be stirred up and the Security Council’s authority menaced”: Hulme, Clifford, San Francisco Conference, London, 1945, p. 36 Google Scholar.

49 See Padilla, Ezequiel, “The American System and the World Organization,” in Foreign Affairs, Vol. 24 (1945), pp. 99-107 CrossRefGoogle Scholar.

50 Wright, Quincy, A Study of War, Chicago, 1942, Vol. I, p. 328 Google Scholar; Vol. II, pp. 776-780, 1343; and Whitaker, Arthur P., “The Role of Latin America in Relation to Current International Organization,” in American Political Science Review, Vol. XXXIX (1945), p. 501 Google Scholar.

51 Evatt, H. V., Foreign Policy of Australia, Sydney, 1945, pp. xii, 142, 213, 227Google Scholar.

52 Potter, Pitman B., An Introdudion to the Study of International Organization, New York, 4th ed., 1935, pp. 381-383 Google Scholar; Welles, Sumner, “The Vision of a World at Peace,” in The Virginia Quarterly Review, Vol. 21 (1945), pp. 486, 487Google Scholar; H. V. Evatt, work cited, p. 227; Key, L. C., “Australia in Commonwealth and World affairs,” in International Affairs, Vol. XXI, (1945), p. 71 Google Scholar.

53 See The Times, London, September 21, 1945; and al Khobar, Cairo, Dec. 3, 1945.

54 Same.

55 See Pitman B. Potter, work cited, p. 325.

56 Article 9.

57 See Wellhausen, Julius, The Arab Kingdom and its Fall, trans, by Weir, M. G., Calcutta, 1927 Google Scholar.

58 See Toynbee, Arnold J., A Study of History, London, 1934, Vol. I, p. 67 Google Scholar.

59 Khadduri, Majid, The Law of War and Peace in Islam, London, 1941, pp. 42-43 Google Scholar.