Al-Muslemani, A. A
(1990)
The legal aspects of the Gulf Cooperation Council.
PhD thesis, London School of Economics and Political Science.
Abstract
The significance of this thesis lies in the fact that it reviews the activities of a newly-born organisation, that has hardly received an authoritative legal analysis. In addition the thesis relies heavily on primary sources in examining the internal structure of the organisation. Looking at the nature of the issues involved, the principal contribution is made by applying the principles of international law to three different areas of law. These are, the law of international institutions, economic integration, inspired and influenced by the literature on the EEC, and the law of the use of force. Chapters 1-6, which deal with the institutional aspect, examine the treaty-making power within the constitutions of the six member states and how treaties enter into force according to these constitutional arrangements. This occurs despite the fact that sometimes signature is sufficient, according to the agreement concerned, to bring it into force. They further deal with the aims of establishing the organisation. Like other traditional organisations, the objectives stipulated in the instruments do not match the political realities in the state practice of the member states. The gap is widened by the realisation of the weak power entrusted to the G.C.C. organs. That the mechanism of decision-making, which requires unanimity in itself, is not binding per se, emphasises this view. They also deal with the question of membership and the political and legal implications of excluding some states in the region from the organisation. Chapter Seven mainly deals with the implementation of the Unified Economic Agreement (UEA). It examines the concept of economic integration which is generally contemplated in the agreement, but loosely adjusted to meet the political and economic realities in the member states, rather than to meet the standards of functional integration which concede a higher degree of sovereignty. A hypothetical problem is raised in the case of a conflict between the UEA and earlier treaties concluded in substantially similar terms under the Arab League auspices. Yet the invocation of de jure or de facto termination is possible by those parties to the later treaty (i.e. the UEA). The implementation of the UEA provisions may also give rise to some difficulties for those GCC member states which are bound by the GATT (i.e. Kuwait), a matter which receives some consideration in this thesis. This chapter also deals in great length with the problem of supervision within the G.C.C., which poses a real challenge for effective implementation of the UEA. Chapter Eight deals with security in the G.C.C. member states. It examines delicately the dividing line between illegal intervention and mere political propaganda. In this regard the acts of intervention and indirect aggression by Iran, which largely caused the involvement of the G.C.C. member states in the Gulf war are highlighted. Thus, a relationship between supporting Iraq financially, which is a forbidden act under the strict rules of neutrality, and the exercise of collective self-defence in the form of such funding has been argued and examined in the light of the Nicaragua Case (1986). Also of great concern is the legal position of G.C.C. member states who are not required to remain strictly neutral when they are subjected to indirect aggression. This in fact raises the issue of collective self-defence under both the Arab League and the GCC arrangements. (Abstract shortened by UMI.).
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