Foreign Relations of the United States, 1958–1960, United Nations and General International Matters, Volume II

373. Memorandum From the Special Assistant for Law of the Sea Matters (Richards) to the Under Secretary of State (Herter)¹

Washington, September 19, 1958.

SUBJECT

• United States Position Regarding a Second Law of the Sea Conference

Problem:

To decide the United States position as regards the timing of a second Law of the Sea Conference.

Background:

On April 27, 1958, the United Nations Conference on the Law of the Sea referred to the General Assembly the question of convoking a second conference to consider the question of the breadth of the territorial sea and other matters which were left unresolved at Geneva, principally the fisheries rights of the coastal states. The question of the convocation of the second United Nations conference on the Law of the Sea has been placed on the agenda of the Sixth Committee (Legal). The recommendations contained in the draft position paper (Tab A) prepared by L for this agenda item have been agreed to, with the exception of the proposed date of the conference.

Discussion:

It is agreed that the United States objective is to obtain general agreement to a narrow territorial sea and minimum control over fisheries beyond the recognized territorial sea. It is also agreed that the best chance of obtaining such general agreement would be through another international conference. Unilateral acts by various states by which they claim areas hitherto considered as high seas are contrary to United States interests and are of increasing concern. It is recognized that active and time-consuming preparatory work will be required on a political level to assure that the maximum number of countries will support the United States position at a second conference.

ARA, EUR, FE, NEA, AF, IO and L (Tab B)² accept August 1959 as the target date for a conference. These Bureaus consider that the longer a conference is delayed, the more difficult it will be to reach agreement on terms favorable to the United States.

Treasury and Justice concur.

The United Kingdom favors a conference as soon as convenient and proposes July or August 1959. (Tab C)

U/FW is of the view that the key to a successful second conference lies in allowing time for effective preparatory work, namely composing and compromising, so far as possible, differences on fishing limits which prevented agreement at Geneva. U/FW considers that the scope of the required pre-conference work suggests a conference date no earlier than February 1960. U/FW recognizes, however, that the Icelandic fishing problem might ultimately dictate U.S. support of an August 1959 conference date. (Tab D)

The position of Defense is that a conference should not be held until there has been thorough political preparations calculated to attract the maximum number of votes for the narrow territorial sea concept. Defense doubts whether such preparation can be completed in one year, but will not object to a conference in 1959 if the judgment of State is otherwise. (Tab E)

Interior considers that the Iceland problem should, if possible, be disassociated from the question of another conference and that adequate preparations for a conference cannot be completed until 1960. (Tab F)

It is reported that the Soviet Union is contacting other delegations at the UN seeking to delay the convocation of the conference. (Tab G)

Recommendation:

That the United States Delegation to the United Nations be authorized to propose and support the convocation of a conference in August 1959.

[Attachment 1]

Position Paper Prepared in the Department of State⁴

SD/AC.6/176

Washington, September 8, 1958.

QUESTIONS RELATING TO THE BREADTH OF TERRITORIAL WATERS AND ASSOCIATED PROBLEMS

Problem

On April 27, 1958, the United Nations Conference on the Law of the Sea adopted a resolution noting that it had not been possible to reach agreement on “the breadth of the territorial sea and some other matters which were raised in connection with this problem” and requested the General Assembly of the United Nations to study, at its thirteenth session, the advisability of convening a second international conference of plenipotentiaries for further consideration of the problems left unsettled by the Conference.

United States Position

1. The United States delegation should propose a resolution convoking an international conference of plenipotentiaries to study the question of the breadth of the territorial sea and fishing rights to be enjoyed by the coastal state, such conference to meet in August 1959, at a generally favored city having appropriate facilities. The text of such a proposal is attached.

2. The United States delegation should oppose efforts to broaden the scope of the conference to deal with other questions.

3. The United States delegation should act to assure that the states to be invited to the conference will be determined by the standard formula: States Members of the United Nations or the specialized agencies.

4. The United States delegation should oppose efforts to discuss the substance of this question within the General Assembly.

Comments

In view of the diplomatic preparations necessary if agreement is to be reached on the question of the breadth of the territorial sea and related subjects, it appears unwise for the conference to deal with a variety of questions. A broad agenda would diffuse the preparatory efforts and make more difficult the success of the conference. Where two or more unrelated questions are considered at the same conference, decisions are likely to be reached on the basis of exchanges of support between the political groups rather than on the basis of the merits of the proposals. This is especially likely in the specific case of the historic waters question, where the political factors are strongly felt by some delegations.

While the delegation should not indicate an initial position as regards the site of the conference, New York would be preferable. Convocation of the conference in New York would make possible the use of the staffs of the permanent missions, and the established channels existing among them, for liaison among delegations, permitting the necessary negotiations to be conducted rapidly and effectively. Moreover, the experience of the United Nations indicates that the Secretariat can service large conferences more effectively and economically at the Headquarters of the United Nations. In evaluating proposed sites the delegation should consider the facilities afforded and the budgetary implications.

August 1959 is selected as the date of the conference since it embodies the most acceptable compromise between the need for sufficient time to conduct adequate preparations and the danger that the solution of the problems presented by this question may be prejudiced if the situations arising out of the failure of the Law of the Sea Conference to reach agreement on these issues are allowed to develop unchecked.

The states to be invited to participate in the conference should be determined by the standard formula: State Members of the United Nations or the specialized agencies. Use of this formula would exclude from the conference certain political entities not recognized as states by the United States. The delegation may point out that the use of the formula will avoid a serious conference disagreement which would prejudice the harmonious operation of the conference and might even prevent some members of the United Nations from attending.

[Attachment 2]

RESOLUTION

The General Assembly,

Having received the Resolution adopted on April 27, 1958 by the United Nations Conference on the Law of the Sea, requesting the General Assembly to study at its thirteenth session (1958), the advisability of convening a second international conference of plenipotentiaries for further consideration of questions left unsettled by the Conference;

Recalling that the Conference made an historic contribution to the codification and progressive development of international law by preparing and opening for signature conventions on nearly all of the subjects covered by the International Law Commission’s draft articles on the law of the sea;

Noting that no proposal concerning the breadth of the territorial sea or fishing rights in a contiguous zone received the two-thirds majority required for adoption by the Conference;

Considering, however, that both of these important matters were extensively discussed at the Conference so that nations are fully cognizant of each other’s problems with respect thereto;

Believing that the desire for agreement on these two vital issues continues and that agreement thereon would contribute substantially to the lessening of international tensions and to the preservation of world order and peace;

1. Decides that a second International Conference of Plenipotentiaries on the Law of the Sea should be called for the purpose of considering further the questions of the breadth of the territorial sea and fishing rights to be enjoyed by the coastal state;

2. Requests the Secretary-General to convoke the conference in August, 1959 or as soon thereafter as possible, at________;

3. Invites all States Members of the United Nations and States Members of the specialized agencies to participate in the conference and to include among their representatives experts competent in the matters to be considered;

4. Requests the Secretary-General to invite specialized agencies and inter-governmental bodies concerned with the matters to be considered to send observers to the conference;

5. Requests the Secretary-General to arrange for the necessary staff and facilities which would be required for the conference, and to present to the conference recommendations concerning its methods of work and procedures, and other questions of an administrative nature.

6. Refers to the conference for its consideration the relevant records of the 1958 United Nations Conference on the Law of the Sea.

1. Source: Department of State, Central Files, 399.731/9–2258. Confidential. Attached to a memorandum for the record, dated September 22, which stated that at a meeting with Herter that day he had suggested surveying other countries regarding the date for the second Law of the Sea conference. The United States should, however, use August 1959 as the tentative date in its preparations for the conference.
2. Tabs B–G are not printed.
4. Confidential. Prepared for the 13th regular session of the U.N. General Assembly. In a subsequent draft of this paper, dated October 6, the August 1959 date was omitted. (Department of State, Central Files, 399.731/10–1358)