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The chapter discusses the current dispute between the United Arab Emirates and Iran over the three islands of Greater and Lesser Tunb and Abu Musa from a historical- legal dimension. The author deals with different axes indicating the historical dimension of the dispute which supports the UAE`s title to the three islands and refutes Iranian claims.

The author illustrates a historical background about the conflict to present UAE’s sovereignty over the three islands against the Iranian claims. The author indicates that Iran’s claim to the three islands is based on three major arguments. The first argument is in terms of international law the evidences support its claim of title to the islands. The second is that British maps refer to the islands as being under the sovereignty of Iran. The third is that Iran’s strategic interests dictate possession of the three islands, so that Iran may be able to safeguard its security in the Gulf.

The author rejects all three arguments and refutes them on historical and legal grounds and gives the following arguments in favor of the UAE:

• the Emirates’ ownership of the islands is based on legal documents, historical events, the actual exercise of territorial sovereignty and correspondences signifying a clear British recognition of the affiliation of the three islands to the emirates of Sharjah and Ra’s al-Khaimah
• the UAE has held the three islands for over two and half centuries, therefore, it is impossible to prove whether or not this possession was legitimate at the time it occurred, namely the middle of the eighteenth century
• Iran’s occupation of the Tunbs constitutes the violation of another accepted principle in international law related to border issues, namely the principle of finality and stability of boundaries

The author concludes that the UAE demanded that the dispute be referred to the International Court of Justice. However Iran, because of the weakness of its legal position and the difficulty of supporting its claim to the three islands, has rejected such an approach. Thus, the author recommends the submission the issue to the UN Security Council, which could pass a recommendation referring the dispute to the International Court of Justice, this being the appropriate channel for resolving it peacefully.

[This paper is Chapter 9 from a book entitled 'United Arab Emirates: A New Perspective' produced in 2001 and edited by Ibrahim Al Abed and Peter Hellyer]

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