Evening star., 1951-05-28
Iran and the World Court

Despite the fact that the Teheran government
: has rejected the idea, Britain has made what
seems to be reasonable and fair move in call
ing upon the International Court of Justice to
appoint an arbitrator in an effort to work out
an amicable settlement of the dangerous dispute
over the naturalization of the Anglo-1ranian Oil
Company
Under their 1888 contract with this giant
British enterprise-a contract drawn up on the
assumption that it would remain in force until
1993-the Iranians are specifically committed to
the principle of arbtrating serious differences
between themselves and the company. Further,
along with Britain they have long since sub
scribed to the statute under which numerous
nations have agreed to accept the compulsory
jurisdiction of the World Court in any contro-
versy regarding the Interpretation and operation
of treaties. ssa
It may be argued, of course, as Teheran has
argued that the 1888 contract is not treaty but
merely an agreement between the sovereign
nation of Iran and a private company. Yet
whatever may be the technical merits Of this
contention, the fact remains that the British
government is itself the owner of more than half
the companys stock. AS a practical matter,
therefore, the dispute involves two governing
authorities, not simply one governing authority
and a non-oficial business enterprise. Beyond
that there would seem to be little or no doubt
about Trans commitment in the Anglo-Iranian
compact, to the idea of agreeing to arbitrate
such controversies as the one now threatening to
build up into an international crisis of the
gravest sort.
In view of all this, it is difficult to see how
the Iranians can justify their refusal to take
part in an effort by the International Court to
promote friendly and just settlement of their
dispute with the British. Actually, wholly apart
from the fact that they themselves-as well as
Britain and the rest of the free world-will suffer
greatly if the present situation is allowed to get
out of hand, there seems to be at least one very
good reason why they should welcome the courts
arbitration from the standpoint of their own
self-interest The reason is simply this: That
such arbitration, carried out in calm and OBJ
jective atmosphere, would give them better op-
portunity than they have had up to now to tell
their side of the story and air whatever griev
ances they may have regarding the company's
sins of omission or commission.
This is not simple black -and-white stua-
ton. The attitude of Premier Mossadegh and his
government undoubtedly reflects deeply felt
popular belief in Iran that Iran has been getting
a poor deal from the Anglo-1ranian Company.
If So-and there is evidence that it is so-then
why shouldn't Teheran use the machinery OF the
World Court to make its case clear? Certainly, as
emphasized in our latest aide-memoire to the
Iranians, the United States, besides recognizing
their sovereign right to nationalize the property,
is one of many countries ready to support their
just claims. Britain, even if belatedly, has given
the same assurance. What is really at issue is not
the question of naturalization itself but the
question of working out settlement under
which the Matchmaking process, if it is to go into
effect, will be carried out in way that will be
fair to all parties concerned and provide for the
continuation of efficient production and undi-
minished marketing to the present buyers of the
oil involved. ..
Inf1amed as is the Iranian temper the Mos
sadegh government has solemn obligation to
ignore the passions of the moment and seek an
amicable agreement through arbitration or any
other reasonable means The same holds true for
the British. If both sides exercise restraint, and
If the United States spares no effort to abate
the current tension, good settlement ought to
be possible. Short of that, the situation can drift
into state Of affairs having the most serious
consequences for Iran, Britain, Western Europe
and the free world as whole. This is an hour
when craftsmanship of the highest order is
needed