489. Memorandum by the Assistant Legal Adviser for Special Functional Problems (Yingling)1
Washington,
May 24,
1961.
SUBJECT
- Canadian Request for United States Participation in a Survey to Ascertain Support for a Multilateral Convention on the Law of the Sea Based on the Canadian-United States Proposal at Geneva in 1960
For the following reason, the Office of the Legal Adviser considers that the United States should participate in the extended survey on the above subject:
- 1)
- It is the only constructive proposal put forward to salvage something from the Geneva defeat, and to bring some semblance of law and order into the present chaotic situation. The tide is not running in our favor in this field. L cannot accept the alternative of sitting and awaiting the deluge.
- 2)
- A treaty of this kind with substantial adherence (say 40 to 45 countries) would not at that stage establish international law, but it would create a hard core to which other countries interested in a rule of law could rally, and thus international law could be made.
- 3)
- It would create a blocking one third against the adoption in the foreseeable future at another conference or elsewhere of any other rule not acceptable to its adherents.
- 4)
- L does not consider it likely that such a treaty would result in a rival twelve-mile treaty. The principal support for a twelve-mile territorial sea at Geneva came from the Soviet and Arab blocs. It is doubted that the Soviet bloc would be willing to restrict itself by treaty to even twelve miles or if it were that the Arabs would be willing to enter into treaty relations with it. But if there were such a treaty, it would be binding on only the parties thereto. Furthermore, it is not believed that any country would adhere to such a treaty which would not itself unilaterally claim a twelve-mile territorial sea anyway so nothing is lost to us by the existence of such a treaty.
- 5)
- If the proposed survey reveals insufficient support to make the treaty feasible, the matter will be dropped. It is not seen what great harm will have been done. It is no secret that we are for a rule of law in this field, and the proposal is the same we sponsored at Geneva.
- 6)
- It is believed that failure of the United States to participate in further surveys will kill the project as such non participation will be taken as opposition to the proposal. If, therefore, we decide not to participate, it is recommended that we discourage Canada and the United Kingdom from pursuing the matter at this time.
- Source: National Archives and Records Administration, RG 59, Central Files 1960–63, 399.731/5–2461. Secret.↩