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“The International Boundary Treaty” (Treaty of Jeddah) Concluded Between the Kingdom of Saudi Arabia and the Yemeni Republic on June 12,2000

Published online by Cambridge University Press:  27 February 2017

Askar Halwan Al-Enazy
Askar Halwan Al-Enazy*
Affiliation:
Riyadh, Saudi Arabia
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American Journal of International Law , Volume 96 , Issue 1 , January 2002 , pp. 161 - 173
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Copyright © American Society of International Law 2002

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References

1 For a summary background of the history of the border dispute between the two countries, see Survey of International Affairs 1934 (Toynbee, Arnold J. ed., 1935)Google Scholar; Schofield, Richard, Negotiating the Saudi-Yemeni International Boundary, British Yemeni Society (March 31, 1999), at <http://www.al-bab.com/bys/articles/schofield00.htm>Google Scholar [hereinafter Negotiating the Saudi-Yemeni International Boundary].

2 For text of the Treaty of Taif and its annexes, see Arabian Treaties 1600–1960, at 336–345 (Tuson, Penelope and Quick, Emma eds., 1992)Google Scholar [hereinafter Treaty of Taif]. For the 1937 Saudi-Yemeni joint commission demarcation report, see Annex To The Taif Agreement For The Demarcation Of Borders Between The Kingdom of Yemen And The Kingdom Of Saudi Arabia, 1937, in 20 Arabian Boundary Disputes 643–672 (Schofield, Richard ed., 1993)Google Scholar [hereinafter Arabian Boundary Disputes] .

3 See infra note 65; Treaty of Taif, supra note 2, Art. 22. The Treaty of Taif was formally renewed only once, in 1953, upon the expiry date of its first duration period in the form of an exchange of letters published in the Saudi government official gazette, Ummal-Qura. Balagh rasmi raqm (164) [Official Communiqué No. 164], Ummal-Qura, March 20, 1953, at 1.

4 Ra’is majlis al-ri’asah fi hadith sahifat al-quds al’arabi al-sadirahfi London [Chairman of the (Yemeni) Presidential Council in an Interviexo with the London based Alquds Alarabi], Alquds Alarabi, May 28, 1992, at <http://www.nic.gov.ye/SITE%20CONTAINTS/presedency[sic]/itrvews/1992/s30.html>.

5 Yemen’s “historical rights” claim emanated from the notion of “Greater Yemen” based primarily on the writings of the medieval tenth century Yemeni geographer al-Hamadani. For Yemen’s official “political” map of “Greater Yemen,” see Political Map Of The Yemeni Republic, Yemem government agency of the National Information Center (Sana’a), at <http://www.nic.gov.ye/SITE/20%C0NTAINTS/geography/maps/mm.JPG> (visited Sept. 18, 2000). For the historical map, see Natural Map Of Yemeni Republic, at <http://www.nic.gov.ye/SITE%CONTAINTS/aboutyemen/history/MAPS/M.htm> (visited Sept. 18, 2000). See also Hussain Ali Al-Waysi, 14 Alyaman Al-Kubra: Kitab Jughraphi, Julugi, Tarikhi [Greater Yemen : Geographical, Geological and Historical Study] 133–36 (2d ed. 1991).

6 For text of the joint communiqué, see Sudur bayan mushtark ‘an nata’j al-muhdathat al-sau’diyah-al-yamaniyah [Issuance Of Joint Communiqué On Saudi-Yemeni Talks], Umm Al-Qura, March 23, 1973, at 1, 8.

7 For background on the so called Hamza and Riyadh lines, see supra note 1; Arabian Boundary Disputes, supra note 2, at 197–228.

8 Signed in Mecca, Saudi Arabia on Feb. 26,1995. For English text of the Memorandum of Understanding, see Saudi-Yemeni Memorandum of Understanding, National Information Center, at <http://www.nic.gov.ye/English%20site/SITE%20CONTAINTS/The%20Treaty/sa-yem-mem.htm> [hereinafter Memorandum of Understanding].

9 For a general view of Saudi-Yemeni overlapping territorial claims along their land border, see Negotiating the Saudi-Yemeni International Boundary, sufrra note 1, especially map no. 1, at <http://www.al-bab.com/bys/articles/borderla.htm>, and map no. 2, at <http://www.al-bab.com/bys/articles/border2.htm>.

10 Memorandum of Understanding, supra note 8.

11 Whitaker, Brian, Border Deal Nearer, Middle East Int’l, Sept. 26, 1997, at <http://www.al-bab.com/yemen/artic/mei27.htm>Google Scholar (visited Dec. 2000).

12 The Como agreement was confirmed by senior Yemeni and Saudi officials. See Ra’is al-jumhuriyah fi al-jakah al-iftitahiyah Uinadwat hal al-niza’at silmiyan [The President In The Opening Speech Of Peaceful Settlement Of Dispute .Symposium], Sittawa-Ishreen-Sebtambar, Dec. 2,1999, at 7; abdul-gader bajammal yarwi tafasil al-marahil allati sabgat al-mu ‘ahah al-tarikhiyah [Abdulgader Bajammal (Yemeni Foreign Minister) Relates Details of Stages Preceding The Signing Of The Historic Treaty], Okaz (Saudi Arabia), July 8, 2000, at 23; Detailing Yemeni Aggressions And Border Movements, Prince Nayef Ibn Abdul Aziz: WeDid Not Start To Open Fire And Acted In Self-Defence, Ain Al-Yaqeen, July 22, 1998, at <http://www.ain-al-yaqeen.com/issues/19980722/feat4en.htm>; see also infra note 16.

13 Ra’is al-jumhuriyah fi hadith I’sahifat al-quds al’arbi [The President Talks To Alquds Alarabi Newspaper], Sittawaishreen-Sebtambar, Feb. 24, 2000, at 3 [hereinafter The President Talks to Alquds Alarabi Newspaper].

14 Ga ‘id haras al-hudud:mu ‘ahadat jiddah dhamanat al-istigrar fi al-mintagah [Head of (Yemeni) Border Guard: Treaty of Jeddah is a source of regional stability], Sittawa-Ishreen-Sebtambar, July 20, 2000, at 23.

15 Al-iryani: nahnu na’tabir jazirat al-duwaimah hiya ras al-mu’waj Til hudud al-sau’diyah al-yamaniyah [Al-Iryani (Yemeni Prime Minister): We Regard The Duwaimah Island As The ‘ras al-mu ‘waj Of The Saudi Yemeni Boundary], asharq al-lawsat, nov. 29,1999, at 4. For Yemen’s maritime claim in the Red Sea, see Hussain Al-Hubaishi, Al-Yaman Waal-Bahral-Ahmar [Yemen And The Red Sea] 402 (1992). The author was Yemen’s chief maritime boundary negotiator with Eritrea and Saudi Arabia.

16 Al-ayyam tuwasil nashral-hiwar allathi ajrathu qanat (LBC) al-lubnaniyah m ‘a al-ra ‘is Ali Abdullah Saleh [ Transcript Of President Ali Abdullah SaUh’s Interview with Lebanese LBC TV], Alawam (Yemeni), May 26,1999, at 6 [hereinafter Transcript of President Ali Abdullah Saleh s Interview with Lebanese LBC TV].

17 Al-amirNayefyuwadhih al-haga’igfi mu’tamarsahafi: thalath arba’jazirat al-duwaimah sau’di, wa tawjidunafiha mashru’ [In A Press Conference, Prince Nayef Clarifies Facts In Response To Yemeni President’ Statements’. Three Quarters Of The Duwaimah Island Belongs To Us And Our Presence On it is Legitimate], Aljazeerah, July 22, 1998, at <http://www.al-jazirah.com/aarchive.htm> [hereinafter Prince Nayef Clarifies Facts].

18 Supra note 16; infra note 19. See also Nagashna bi ‘wudhuh nugtatiy ras al-mu ‘waj wa jabal thar [Prince Naef: We Held Clear Discussion (With Yemeni Side) About The TwoPoints Of ras al-mu’waj And Al-thar Mountain], Asharq Al-Awsat, Nov. 25,1998, at 4 (detailing the press statement of Prince Nayef, the Saudi interior minister, following the 1998 border talks in Sana’a).

19 The President Talks to Alauds Alarabi Newspaper, supra note 13, at 6; Transcript Of President Ali Abdullah Saleh’s Interview With Lebanese LBC TV, supra note 16, at 6.

20 Prince Nayef Clarifies Facts, supra note 17.

21 For English text of the protocol signed on July 29, 1998, see Kingdom, Yemen Sign Protocol in Sana’a, Riyadh Daily, July 30,1998, at 1.

22 Transcript of press conference with Ambassador Edward S. Walker, Assistant Secretary of State for Near Eastern Affairs, U.S. Embassy, Sana’a, Yemen (Feb. 14, 2000), Office of International Information Programs, U.S. Department of State, at <usinfo.state.gov> (visited Feb. 23, 2000).

23 Bajammal: nahris ‘ala halwuddi m’a al-ashiggafi al-sau’idyah hawl mushikilat al-hudud [Bajammal: We Are Keen In Resolving The Border Dispute With Our Brothers in Saudi Arabia], Sittawa-Ishreen-Sebtambar, Feb. 24, 2000, at 2 (quoting press statement by Yemeni foreign minister Abdulgader Bajammal).

24 The President Talks to Alquds Alarabi Newspaper, supra note 13, at 3.

25 Reactions To The Treaty, Yemen Times, June 26-July 2, 2000, at <http://www.yementimes.com/00/iss26/intrview.htm>.

26 Al-mamlakah wa al-yaman tuwagi’an mu’ahadah duwliyah, nihayiah wa da’imah lil-hudud al-bariyah wa bahriyah [Kingdom And Yemen Signed Final, Permanent, International Land And Maritime Treaty], OKAZ (Saudi Arabia), June 13, 2000, at 1; Irtiyah sha’bi wa isda wasi’ah litawgi’ mu’ahadat al-hudud al-yamaniyah al-sau’diyah [Wide Public Satisfaction To The Signing Of The Yemeni-Saudi Border Treaty], Al-Thawrah, June 14, 2000, at 1; Ra’is al-jumhuriyah wa al-malik Fahad yusadigan ‘ala mu’ahadat al-hudud al-duwliyah [President Of The Republic And King Fahad Ratified International Border Treaty], Al-Gumhuryah, June 27, 2000 (stating that the treaty was ratified by both countries on June 26,2000); Sudur marsum malaki bi ‘Imuwafagah ‘ala mu ‘ahadat al-hudud al-duwliyah al-niha ‘iyah wa al-da ‘imah bayn al-mamlakah wa al-yaman [Issuance Of Royal Decree Ratifying The Final And Permanent International Border Treaty Between Kingdom And Yemen], UMM AL-QURA, July 7, 2000, at 1.

27 Instruments of ratification were exchanged in Sana’a on July 4, 2000. Tabadul watha’ig al-tasdig ‘ala almu ‘ahadat al-hududiyah al-yamaniyah al-sau ‘diyah wa malagiguha [Exchange Of Instruments Of Ratification OfInternational Border Treaty And Its Annexes], Al-Gumhuryah, July 5, 2000, at 1. On July 27, 2000, Yemeni and Saudi Permanent Representatives at the UNjointly registered the treaty with the UN Secretariat. Al-mamlakah wa al-yaman tudi’an mu ‘ahat al-duwliyahfi al-umam al-mutahidah [Kingdom and YemenDeposit Treaty of International Border with UN], alriyadh, July 29, 2000, at <http://serverl.alriyadh.com.sa/29–07-2000/pagel.html#2>.

28 The official Arabic texts of the ratified Treaty of Jeddah and its annexes along with an “official map” were published in Yemeni and Saudi government newspapers. See, e.g., Nass itifagiyat mu ‘ahadat al-hudud al-duwliyah bayn aljumhuriyah al-yamaniyah wa al-mamlakat al-’arabiyah al-sau’diyah [Text of International Border Treaty Between The Yemeni Republic and the Kingdom ojSaudi Arabia], Sittawa-Ishreen-Sebtambar, June 26, 2000, at 8–9; Sudur marsum malaki bi Imuwafagah ‘ala mu ‘ahadat al-hudud al-duwliyah al-niha ‘iyah bayn al-mamlakah wa al-yaman [Issuance of Royal Decree Approving the Final, International Boundary Treaty between Kingdom and Yemen], Al-Jazeerah, June 27, 2000, at 16–17 [hereinafter Treaty of Jeddah]. For unofficial English translations of the text, see Royal Decree Endorses Pact With Yemen, Riyadh Daily, June 27,2000, at 1. Text of the Yemeni-Saudi Land and Marine Border Treaty, Yemen Times, June 26-July 2, 2000, at <http://www.yementimes.com/00/iss26/treaty.htm>.

29 Treaty of Jeddah, supra note 28, Art. 1.

30 Id.

31 Id., Art. 2.

32 The demarcation of this sector, partially completed in 1937, was based on the 1934 boundary line as delimited in the provisions of Article 4 of the Treaty of Taif. Treaty of Taif, supra note 2, at 337–8. In the aftermath of the unification of North and South Yemen in May 1990, the area extending horn jabal al-tharto the intersection point where Saudi and Yemeni frontiers met with that of the former British Aden Protectorate became a point of contention between Saudi Arabia and the new unified state of Yemen. The Yemeni government strongly rejected the Saudi government’s view that the border in this area was delimited by the Treaty of Taifs Article 4 though not demarcated by the 1937 joint commission report. For the overlapping Saudi-Yemeni territorial claims in this sector, see Negotiating the Saudi-Yemeni international boundary, supra note 1. It appears, however, that Article 4 as well as the subsequent 1937 demarcation report had allocated broadly the area to the two countries leaving the matter of delimitation and demarcation to some future settlement. Arabian Boundary Disputes, supra note 2, at 647.

33 Treaty of Jeddah, supra note 28, Art. 2 (a). Geographical coordinates of the line are listed in Annex no. 1. Id. Annex 1.

34 Id., Art. 2 (b); Annex 2.

35 Id., Art 2 (b); Annex 2.

36 Id., Art. 2(c); Annex 3.

37 Id., Art. 3.

38 Id.

39 Id., Art. 4.

40 Id., Annex 4, para. (1) (a).

41 Id., Annex 4, para.(5).

42 Id., paras. 1–5.

43 Id., para. 6 (making no reference to potential shared resources in maritime areas).

44 Id., Art. 3.

45 Allajnah al’askariyah al-yamaniyah al-sau’diyah al-mushtarahah tuhadid al-itar al’am i’tanfith mu’ahadat al-hudud al-duwliyah [The Joint Military Yemeni-Saudi Committee Defines The General Framework For Implementing International Border Treaty], Sittawa-Ishreen-Sebtambar, July 27, 2000, at 1–2.

46 General ‘Arab: insihab al-gwwwat hasab mu ‘ahadat jiddah yabda’ min al-manatig al-bahriyah [ General Arab (Yemeni Minister Of Interior): Withdrawal Of Troops In Pursuant Of The Treaty Will Start In Maritime Area], Asharq Al-Awsat, July 28, 2000, at 4.

47 Treaty of Jeddah, supra note 28, Art. 1; Treaty of Taif, supra note 2, Arts. 2, 4. Upon signing the Treaty of Jeddah, senior Saudi government officials indicated that the new treaty was restricted exclusively to “the subject of boundary issue” and had no connection with any other subjects including the “status of Yemeni nationals” in Saudi Arabia, interview with the Saudi minister of interior, Summu al-amir Naef: al-iradah al-siyasiyah tawwajat almu ‘ahadah al-hududiyah [Prince Naef: Political Will Crowned International Border Treaty], Okaz, June 13, 2000, at 4 [hereinafter Prince Naef: Political Will].

48 The Saudi territorial claims, based on the so called 1984 claim line, were raised anew following a dispute over Yemeni oil exploration in the border area in the mid 1980’s and have been shown in most Saudi political boundary maps. See, e.g., Atlas Al-Mamlakah Al-’Arabiyah Al-Sau’diyah [Atlas of the Kingdom of Saudi Arabia] 241 (1999) [hereinafter Atlas of the Kingdom of Saudia Arabia] (map no. 23) (published under the auspices of, inter alia, the Saudi ministries of Defense and Petroleum); As’ Ad Abduh, Mu’ajam Asmaal-Amakin Fi Al-Mamlakah Al-’Arabiyah Al-Sau’diyah Al-Maktubah ‘Ala Kharitat Jazirat Al-’Arab Magas 1:500000 [Handbook of Geographical Names of Places in the Kingdom of Saudi Arabia Shown on Map of the Arabian Peninsula Scale 1:500000) ] 9 (1996) (maps nos. 216–220). The Saudi 1984 line is based primarily on the 1935 Hamza line. See supra note 7. In the Red Sea, Saudi Arabia had abandoned its public claims involving substantial maritime area containing several islands including notably the island of Duwaimah, over which a serious military confrontation with Yemen occurred in the summer of 1998. See supra notes 12 and 17.

49 See text accompanying supra note 14.

50 For excerpts of the Yemeni parliament’s resolution ratifying the treaty of Jeddah, see Ba ‘d musadagat majlis al-nuwwab, ra ‘is al-jumhuriyah yuwagi’ mu ‘ahadat al-hudud al-duwliyah m ‘a al-sau ‘diyah [President of the Republic Signs International Border Treaty with Saudi Arabia After it is Approved by the Council Of Deputies], Al-Sahwa, June 29, 2000, at 1–2 [hereinafter President of the Republic Signs International Border Treaty]; Istikmal al-jra ‘at [ Completion of Procedures], Ray, June 27, 2000, at 2 [hereinafter Completion of Procedures].

51 Allajanh al-’askariyah al-yamaniyah al-sau’diyah al-mushtarakah tu’girsahb al-guwwat al-sau’diyah khilal shahr min al-aradhi allati ‘aadat ila al-yaman [ The Saudi-Yemeni Joint Military Committee Agreed to Withdrawal Of Saudi Forces Within One Month From Territory Returned To Yemen], Sittawa-Ishreen-Sebtambar, Jan. 11, 2001, at 1–2 (containing excerpts from text of official communiqué issued by the Saudi-Yemeni joint military committee following its meeting in Aden on Jan. 8, 2001).

52 For official maps showing the Yemeni location of the land terminus point, see the Yemeni government National Information Center’s Detailed Maps E38-C1, at <http://www.nic.gov.ye/SITE%20CONTAINTS/geography/maps/SMAPS/SADAHMAPl.htm> (visited Aug. 18,2001). For Saudi official maps, see Atlas of the Kingdom of Saudi Arabia, supra note 48, at 241 (map no. 23).

53 See text accompanying supra note 11.

54 Completion of Procedures, supra note 50, at

55 Abdulgader Bajammal yuwasil riwayatahu li’tafasil al-marahil al-akhirah I’tawgi’ al-mu’ahadah al-tarikhiyah [Abdulgader Bajammal Continues His Narration of Details Of Negotiations Preceding The Signing Of The Historic Treaty], Okaz, July 9, 2000, at 21.

56 Yemen and Eritrea have settled their maritime boundary through arbitration. For text of the Award on sovereignty of the disputed islands, see The International Permanent Court of Arbitration, The Eritrea-Yemen Arbitration Award [First Phase], Geneva, October 9, 1998, a(<http:llwww.pca-cpa.org./ER-Yechap4/htm> (visited Sept. 18, 2000). For a comprehensive appraisal of the Award, see Michael Reisman, W. The Government of the State of Eritrea and the Government of the Republic of Yemen, 93 AJIL 668 (1999)CrossRefGoogle Scholar.

57 Treaty of Taif, supra note 2, Art. 4

58 Arabian Boundary Disputes, supra note 2, at 646. See also text accompanying supra note 33.

59 Treaty of Jeddah, supra note 28, Art. 2(a).

60 Id.

61 One might ask whether the same principle which seems implicit in Article 2 would also be applicable to villages and tribes inhabiting the border area along the second and longer land sector extending from jabal al-thar eastward, as well as to the fishermen who inhabit or frequent the Red Sea islands. Id. The article seems to exclude those border areas. In the past, Yemen had rejected plebiscites as an option to settle the dispute in the eastern border area. For example, in 1994, Yemen strongly rejected a Saudi proposal for a plebiscite in the disputed eastern region. The then foreign minister Abdulkarim al-Iryani said “our dispute with Saudi Arabia is over land, not people.” Saudi Arabia-Yemen: Diplomatic Relations Deteriorate, Alqudsalarabi, June 5,1997, in International Boundaries Research Unit, May 6, 1997 (FBIS-NES-97–156), at <http://www-ibru.dur.ac.uk/cgi-bin/data.pl> (visited Dec. 20, 2000). The Treaty of Jeddah’s plebiscite clause itself appears to conflict with Article 12 of the Treaty of Taif, which denied the population of the common border area the right of referendum. Treaty of Taif, supra note 2, Art. 12. Whether the plebiscite clause implicit in Article 2 of the Treaty of Jeddah supercedes the preclusion provision in Article 12 of the Treaty of Taif is an issue that needs to be addressed.

62 Treaty of Jeddah, supra note 28, Art. 1.

63 Treaty of Taif, supra note 2, Art. 12.

64 Id., Art. 12.

65 Sheik Bin Shaji’ Threatens to Thwart any Demarcation Attempts, Yemen Times, June 26-July 2, 2000, at <http://www.yementimes.com/00/iss26/>; Tensions Mount In Al-Gawf Yemen Times, July 31-August 7, 2000, at <http://www.yementimes.com/00/iss31/ln.htm>; Dahm Tribe Rejects the Jeddah Border Treaty and Threatens Demarcation Companies, Yemen Times, April 30-May 6, 2001, a( <http://www.yementimes.com/00/issl8/>. Tribal opposition to the treaty has led to intermittent armed clashes with Saudi and Yemeni forces. Ishtibakat bayn al-jaysh wa gabilat damhm alhamra [Armed Clashes Between Army And The Tribe Of Dahm Al-Hamra], RAY, July 25, 2000, at 1; New Saudi-Yemeni Border Demarcation Challenges Arise, YEMEN TIMES, May 14-May 20, 2001, at <http://www.yementimes.com/01/iss20/>. Anticipating such mounting difficulties regarding the re-demarcation of 1934 line, the two countries were forced to extend the original two year implementation period for another two years, and to commence the demarcation project for this sector only after the completion of the other two sparsely populated eastern and maritime sectors scheduled to begin in October, 2001. Al-sharikat al-almaniyah Hanza Luftbild tabda khilal thalathatu ash-hurfi tanfith mashru’ al’alamat al-hududiyah bayn biladina wa al-sau ‘diyah yabda min nugtatiy alhudud al-bahriyah wajabl al-tharfi anin wahid [German Company Haza Luftbild Commences Work on work on Boundary Markers Project in Three Months and Will Start Simultaneously From Jabal-Al-Thar And Maritime Boundary Points], Sittawa-Ishreen-Sebtambar, Apr. 5, 2001, at 1; Al-amir Nayef: la mu’awigat nahwa inha wa ikmal ijraat tarsim alhudud [Prince Nayef: There are No Obstacles to Completing the Steps of Boundary Demarcation Process], Aljazeerah, Apr. 5, 2001, at 3 .

66 In 1966, following the Saudi government’s restriction of entry and residency with respect to Yemeni nationals at the height of the Yemeni civil war, the Republican Council and the Council of Ministers, the highest ruling organs in the new revolutionary government issued a joint formal statement that in effect declared the Treaty of Taif as being null and void. It reaffirmed “anew” Yemen’s determination to “recover by force if necessary the Yemeni territories in the north and north west including the regions of Najran, Jizan and Asir which Saudi Arabia had acquired by force of arms in spite of the fact that they are geographically and historically part of the territory of Yemen. Jlbran Shamiyah, Lubnan, Al-Yaman, Ittihad Al-Janoub Al-’Arabi: Sijjil Al-Ara Hawl Al-Wagai’i Alsiyasiyah Fi Al-Bilad Al-Arabiyah: Al-Yaman-Ayyar 1966 [Lenanon, Yemen, The Federation of South Arabia: Record of Views on Political Events in Arab Countries: Yemen-May 1966] 11 (1966).

67 Kern, Nathaniel, Saudi-Yemeni Border Dispute, Petroleum Politics, June 1992 at 32 Google Scholar.

68 Id.

69 The Yemeni Parliament’s chairman of the committee of constitutional and legal affairs explained that the “treaty of Jeddah legally integrates the treaty of Taif pursuant to the text of the new treaty and in accordance with the intention and agreement of the two contracting parties.” Nadwah nadhamah al-majlis al-istishari [A Symposium Organized by the Consultative Council], Sittawa-Ishreen-Sebtambar, July 20, 2000, at 7; the Yemeni minister of planning and development stated that “the treaty of Jeddah makes the treaty of Taif as the basis of regulating bilateral relations” between the countries. Nadwat al-yaman wa-jiranuha [Symposium on Yemen and Her Neighbors], Aljazeerah, July 25, 2000, at 36.

70 President of the Republic Signs International Border Treaty, supra note 50, at 2.

71 Id.

72 The legal basis for this argument is not immediately apparent. None of the provisions or annexes of the Treaty of Taif, including the side letter and the 1937 agreement cited by Yemen, appear to provide for any of the privileges Yemen claimed they contained. Article 4 provided for certain reciprocal exemptions with respect to customary tribal cross-border movement restricted to certain tribal sub-sections inhabiting the common border at the Najran area. Treaty of Taif, supra note 2 Art. 4. In the relevant side-letter, signed on the same date as the treaty, the two signatories agreed that “movement at the present time” of subjects of both countries would continue as in the past until the conclusion of a “a special agreement” regulating movements pertaining to “pilgrimage, trade, or any other purpose or reason.” Id. side letter no. 5. In 1937, pursuant to Article 7 of the Treaty of Taif and the side letter, the two sides concluded the General Agreement between the Kingdom of Saudi Arabia and the Kingdom of Yemen Concerning the Settlement of matters relating to the subjects of the two Kingdoms. Annex to the Treaty of Taif, in (Saudi) Ministry Of Foreign Affairs, Majmu’at Al-Mu’ahadaat 1922–1951 [1 Collection of Treaties: 1922–1951] 194–198 (5th printing, no publication date). This agreement further tightened the previously relaxed rules concerning cross-border movement. In Article 7(1), it stipulated that-the articles of the agreement relating to seasonal travel and customary tribal movement were applicable exclusively to “the subjects of the parties inhabiting the area adjacent to the border.” Id. at 196. Moreover, “in case of emergency,” Article 7(3) gave either state the right to restrict movement across the border “totally or partially” or to demand additional identification papers. When inhabitants wished to venture beyond the common border zone as “traders, tourists and pilgrims,” they would be required to obtain valid travel documents issued by their own governments, like the rest of the nationals living in other parts of the country. Id. at 197.

73 Allajnah al-yamaniyah al-sau’diyah al-’ulya al-mushtarakah tajtami’ fi san’a gariban [Yemeni-Saudi High Joint Committee Meet Soon In Sana’a], Sittawa-Ishreen-Sebtambar, July 27, 2000, at 1–2.

74 The Saudi minister of interior and co-chairman of the joint implementation commission confirmed, in an interview with a Yemeni government newspaper, that the Treaty of Jeddah was “not merely linked to the border issue . . . but in fact covers all provisions and annexes of the Treaty of Taif.” Wazir al-dakhiliyah al-sau ‘difi hadith shamil: Nurahhib bi-al -yamaniyyin gabl ayya jinssiyah ukhra, mugbilun ‘ala tagdeem tasheelatttl al-yamaniyyin al-mugeemen wa al-taglil min haymant al-kafil . . . [ We welcome the Yemenis before any other Nationality, We are about to Provide Exemptions to Yemeni Aliens and Reduce the Power of (Saudi) Employers on their Internal Movement], Sittawa-Ishreen-Sebtambar, August 10, 2000, at 10–11 (containing text of the interview with Saudi minister). He also acknowledged that the Treaty of Taif contained provisions “facilitating entry” for Yemeni nationals, declared that Saudi Arabia had “an obligation” towards Yemeni residents, and announced his government’s intention to deport other nationalities “in order to replace them by Yemenis who, among all other nationalities, are the most favored.” Id.

75 mu’amalat tullab wa talibat al-ta’lim al-’aam al-yamaniyyin al-mugeemen fi al-mamlakah mu’amalat al-sau diyyin [Treatment Of Yemeni Male And Female Students Living In Kingdom Same As Saudis], Al-Eqtisadiah, Dec. 14, 2000, at 1. For full text of the joint communiqué of the Yemeni-Saudi Coordination Council, see id. at 2.

76 Id. at 2. A subsequent meeting of the Yemeni-Saudi Coordination Council was held on June 20,2001, in which the two sides agreed to “full partnership” and signed formal agreements to implement the decisions agreed to in the previous December meeting. Bajammal li ‘okaz: sanasil ila sharakah kamilah [Bajammal to Okaz: We Will Reach Full Partnership], OKAZ, June 21, 2001, at 3. The two ministers of labor had already signed an agreement to “facilitate the procedures for Yemeni labor to enter the Saudi market,” currently estimated by Yemeni and Saudi sides at close to one million. Sana’a targhab fi ziyadat hajm al-’amalah al-yamaniyah fi al-sau’diyah [Sana’a Desires To Increase Volume Of Yemeni Labor Force In Saudi Arabia], Asharqal-Awsat, Apr. 19, 2001, at 4.

77 In early August, the Yemeni president, prime minister and speaker of parliament held apparently urgent talks via telephone with their Saudi counterparts on the status of the Yemeni nationals in Saudi Arabia. In the reported conversation, Yemen asked the Saudi government to “rearrange the status of the Yemeni community and workers” in Saudi Arabia so as to make it “in accordance with international treaties and agreements” between the two countries. Itisalat hatifiyah bayn al-giyadatayn fi al-baladayn: tartib wadh al-’amalah wa al-jaliyah al-yamaniyah fi alsau ‘diyah [ Telephone Calls Between Leaderships in Two Countries: Arrangement of Status Of Yemeni Community And Labor In Saudi Arabia], Sittawa-Ishreen-Sebtambar, Aug. 2, 2001, at 1. In an apparent partial acquiescence to the Yemeni request, the Saudi government decided to “postpone” its decision to “Saudiize” the economically powerful gold and jewelry market traditionally dominated by Yemenis. Ta’jil al-sa ‘awadah al-kamilah Vaswag al-dhahab [Postponement Of Saudiization Of Gold Markets], ALRIYADH, Aug. 23, 2001, at 10.

78 Treaty of Taif, supra note 2, Art. 22.

79 Id.

80 Oppenheim, L.F.L., International Law 938 (Lauterpacht, H. ed., 1955)Google Scholar; David, Arie E., The Strategy of Treaty Termination : Lawful Breaches And Retaliations 14 (1975)Google Scholar; Vienna Convention on the Law of Treaties, May 23, 1969, 1155 UNTS 331, reprinted’m 8 ILM 679 (1969) (expressly mandating against the use of the international law doctrine of fundamental change of circumstances as ground to seek termination of treaty establishing a boundary line); Case Concerning the Territorial Dispute (Libyan Arab Jamahiriya v. Chad), 1994 ICJ REP. paras. 38–40, 52, 72–5.

81 Prince Naef: Political Will, supra note 47, at 4.

82 See text accompanying supra note 68.