360. Telegram From the Delegation to the Conference on the Law of the Sea to the Department of State1
1120. Law of Sea. Following result discussion Dean, Sanders, Yingling, Colclough, Becker after canvass current thinking conference: British proposal maximum eight in favor; Canadian compromise (without reservation historic rights) likely get maximum twenty-five in favor forty-seven against and fourteen abstentions. Numbers likely vary because of spotty attendance due colds, etc. Mexican-Indian proposal thirty-eight or more in favor with possible switch by Colombia [Page 686] and Costa Rica; thirty-eight against; ten abstentions. Real possibility this proposal due to absences or abstentions will gain majority in committee. Some question here whether entirely new proposal can be made in plenary. As to combination British proposal with six-mile contiguous zone qualified by historic rights difficulty is with aversion Afro-Asian group to conditions of existing rights over-flight and passage in outer three miles British segment. Best estimate here is that only compromise likely obtain two-thirds majority is maximum six-mile territorial sea plus maximum six-mile fishing zone qualified by historic rights such rights to have been exercised “in recent years”. Not certain historic rights qualification outer six miles can be sold but believe reasonable chance and willing try. If this compromise is to be sold it must be put forward prior to voting by Committee One on territorial sea, which means by Tuesday, April 15. Request Ward be consulted on urgent basis with word that this is last clear chance to forestall twelve-mile or complete disagreement. Postponement on breadth territorial sea seriously considered but best view here is that it would widely be interpreted as failure conference. Most important is that while postponement might gain some supporters for Canadian proposal (but not two-thirds) probability cannot be discounted that in meantime situation regarding twelve-mile limit would deteriorate. What is needed at this time is U.S. leadership toward real compromise not delay. If permission for this is not forthcoming we must face at best conference failure with unilateral extensions twelve-mile territorial sea—at worst two-thirds agreement on twelve miles.
- Source: Department State, Central Files, 399.731/4–1358. Confidential; Niact; Limit Distribution.↩