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Treaty of Alliance between Great Britain and Transjordan, 1946
Treaty of Alliance
between his Majesty in Respect of the United Kingdom
and his Highness the Amir of Trans-Jordan
(Ratifications exchanged at Amman, June 17, 1946)
London, 22 March 1946
His Majesty The King of Great Britain, Ireland and the British Dominions beyond the seas, Emperor of India, and His Highness The Amir of Trans-Jordan;
Considering that the Government of the United Kingdom of Great Britain and Northern Ireland have formally declared in the General Assembly of the United Nations Organisation that they intend to recognize the status of Trans-Jordan as a sovereign independent State; and
Desiring to define the relations which will subsist between them in future as independent Sovereigns on the terms of complete freedom, equality and independence, and to consolidate and perpetuate the relations of friendship and good understanding which have hitherto subsisted between them,
Have decided to conclude a treaty of friendship and alliance for this purpose and have appointed as their plenipotentiaries: -
His Majesty The King of Great Britain, Ireland and the British Dominions beyond the seas, Emperor of India (hereinafter referred to as His Majesty The King);
For the United Kingdom of Great Britain and Northern Ireland;
The Right Honourable Ernest Bevin, M.P., His Majesty's Principal Secretary of State for Foreign Affairs;
Arthur Creech Jones, M.P., Parliamentary Under-Secretary of State for the Colonies;
His Highness The Amir of Trans-Jordan;
His Excellency Ibrahim Pasha Hashim, Order of the Nahda, Murassa'a. Order of the Istiglal, First Class, C.B.E., Prime Minister of Trans-Jordan and Minister of Defence;
Who, having communicated their full powers, found in good and due form, have agreed as follows:-
ARTICLE 1.
His Majesty The King recognises Trans-Jordan as a fully independent State and His Highness The Amir as the sovereign thereof.
There shall be perpetual peace and friendship between His Majesty The King and His Highness The Amir of Trans-Jordan.
There shall be established between the High Contracting Parties a close alliance in consecration of their friendship, their cordial understanding and their good relations and there shall be full and frank consultation between them in all matters of foreign policy which may affect their common interests.
Each of the High Contracting Parties undertakes not to adopt in foreign countries an attitude which is inconsistent with the alliance or might create difficulties for the other party thereto.
ARTICLE 2.
Each High Contracting Party will be represented at the Court of the other High Contracting Party by a diplomatic representative duly accredited.
ARTICLE 3.
It is understood between the High Contracting Parties that responsibility for the maintenance of internal order in Trans-Jordan and, subject to the provisions of Article 5 below, for the defence of Trans-Jordan from external aggression rests with His Highness The Amir of Trans-Jordan.
ARTICLE 4.
Should a dispute arise with a third State, the continuance of which is likely to endanger the maintenance of international peace and security,. the High Contracting Parties will, first of all, concert together to seek a solution by peaceful means as provided in Article 33 of the Charter of the United Nations.
ARTICLE 5.
Should either High Contracting Party, notwithstanding the provisions of Article 4 of the present Treaty, become involved in hostilities, as a result of armed attack by a third party, the other High Contracting Party will, subject always to the provisions of Article 12 of the present Treaty, immediately come to his aid as a measure of collective self-defence. In the event of an imminent menace of hostilities the High Contracting Parties will immediately concert together the necessary measures of defence.
ARTICLE 6.
In order to facilitate the discharge of the mutual obligations under Article 5 above, the High Contracting Parties have agreed to the provisions set forth in the Annex to the present Treaty.
ARTICLE 7.
His Majesty The King will make every endeavour to obtain for His Highness's Government the services of any experts or officials with technical qualifications of whom Trans-Jordan may stand in need.
ARTICLE 8.
1. All obligations and responsibilities devolving on His Majesty The King in respect of Trans-Jordan in respect of any international instrument which is not legally terminated should devolve on His Highness The Amir of Trans-Jordan alone, and the High Contracting Parties will immediately take such steps as may be necessary to secure the transfer to His Highness The Amir of these responsibilities.
2. Any general international treaty, convention or agreement which has been made applicable to Trans-Jordan by His Majesty The King (or by his Government in the United Kingdom) as mandatory shall continue to be observed by His Highness The Amir until His Highness The Amir (or his Government) becomes a separate contracting party thereto or the instrument in question is legally terminated in respect of Trans-Jordan.
ARTICLE 9.
1. The High Contracting Parties will open negotiations for a Commercial and Establishment Agreement as soon as practicable.
2. Until the conclusion of the Agreement referred to in paragraph 1, or until the expiry of two years from the date of signature of the present Treaty, whichever is the earlier, each High Contracting Party will maintain in relation to the nationals and commerce of the other the régime applying at the date of signature of the Treaty; provided that neither High Contracting Party will extend to the nationals or commerce of the other treatment less favourable in any respect than that which he accords to the nationals and commerce of the most favoured foreign country.
3. The provisions of the second paragraph of this Article apply to the colonies, overseas territories and protectorates of His Majesty The King and the territories administered by His Majesty's Government in the United Kingdom under mandate or trusteeship.
4. The High Contracting Parties agree that the provisions of the second paragraph of this Article with regard to the grant of the treatment of the most favoured foreign country shall not extend to-
(1) Any special customs privileges which at the date of signature of this Treaty His Highness The Amir accords to goods produced or manufactured in any territory which in 1914 was wholly included in Asiatic Turkey or Arabia provided that such privileges are not accorded to any other foreign country, or
(2) customs privileges granted by one of the High Contracting Parties to a third country in virtue of a Customs Union which has already been or may hereafter be concluded.
ARTICLE 10.
It is agreed by the High Contracting Parties that commercial concessions granted in respect of Trans-Jordan territory prior to the signature of this Treaty shall continue to be valid for the periods specified in their texts.
ARTICLE 11.
On the coming into force of the present Treaty the Agreement between His Majesty The King and His Highness The Amir dated the 20th February, 1928, and subsequently revised by further Agreements dated the 2nd June, 1934, and the 19th July, 1941, shall cease to have effect.
ARTICLE 12.
Nothing in the present Treaty is intended to or shall in any way prejudice the rights and obligations which devolve, or may devolve, upon either of the High Contracting Parties under the Charter of the United Nations or, save as may result from the provisions of Articles 8 and 11, under any other international agreements, conventions or treaties.
ARTICLE 13.
Should any difference arise relative to the application or the interpretation of the present Treaty, and should the High Contracting Parties fail to settle such difference by direct negotiation, the difference shall be referred to the International Court of Justice unless the parties agree to another mode of settlement.
ARTICLE 14.
The present Treaty shall be ratified and shall come into force upon the exchange of instruments of ratification, which shall take place as soon as possible.
The present Treaty shall remain in force for a period of twenty-five years from the date of its coming into force, and thereafter.it shall remain in force until the expiry of one year after a notice of termination has been given by one High Contracting Party to the other through the diplomatic channel.
In witness whereof the above-named plenipotentiaries have signed the present Treaty and affixed thereto their seals.
Done in duplicate in London, this twenty-second day of March, 1946, in the English and Arabic languages, both texts being equally authentic.
ERNEST BEVIN.
A. CREECH JONES.
IBRAHIM HASHIM.
Annex
ARTICLE 1.
His Majesty The King may station armed forces in Trans-Jordan in places where they are stationed at the date of signature of the present Treaty, and in such other places as may be agreed upon, and His Highness The Amir will provide all the facilities necessary for their accommodation and maintenance and the storage of their ammunition and supplies, including the lease of any land required. Any private rights on such land will, if necessary, be expropriated.
ARTICLE 2.
His Highness The Amir of Trans-Jordan will grant facilities at all times for the movement and training of the armed forces of His Majesty The King, and for the transport of the supplies of fuel, ordnance, ammunition and other materials required by these forces, by air, road, railway, water-way and pipe-line and through the ports of Trans-Jordan.
ARTICLE 3.
The armed forces of His Majesty The King will have the right to use their own systems of signal communication, including wireless.
ARTICLE 4.
His Highness The Amir of Trans-Jordan will safeguard, maintain and develop as necessary in consultation with the Government of the United Kingdom the ports and lines of communication in and across Trans-Jordan, required for the free movement and maintenance of His Majesty's armed forces, and will call upon His Majesty's assistance as may be required for this purpose.
[…]
Exchange of Notes
[…]
No. 5
Ibrahim Pasha Hashim to Mr. Ernest Bevin.
Your Excellency,
London, 22nd March, 1946.
On the occasion of the signature of the Treaty of Alliance, I have the honour to inform you that the Trans-Jordan Government agree that the existing arrangements for the use of Palestinian currency in Trans-Jordan shall continue until modified after consultation between the Governments of Trans-Jordan and of the United Kingdom. No modification in these arrangements will be made until twelve months have expired after the date on which either Government has notified the other of its desire to engage in consultation on the matter.
IBRAHIM HASHIM.
No. 6.
Mr. Ernest Berin to Ibrahim Pasha Hashim.
Your Excellency,
London, 22nd March, 1946.
I have the honour to acknowledge the receipt of Your Excellency's Note of to-day's date regarding the continued use of Palestinian currency in Trans-Jordan and to state that the arrangements therein recorded are fully acceptable to His Majesty's Government.
ERNEST BEVIN.
[…]
Source: Treaty of Alliance between his Majesty in Respect of the United Kingdom and his Highness the Amir of Trans-Jordan [With Annex and Exchange of Notes]. London: His Majesty’s Stationery Office, 1946.