793.00/9–2754: Telegram
No. 305
The Secretary of
State to the Department of
State
priority
Dulte 2. Eyes only for Acting Secretary from Secretary. Last night at Embassy dinner Eden and I discussed Chinese offshore islands held by ChiNats. Eden is disposed to support promptly bringing this situation to Security Council under Chapter VI with view to obtaining Security Council recommendation that military activities against these islands and in defense thereof should be provisionally suspended. U.K. believes action under Chapter VI rather than Chapter VII preferable because Chapter VII presupposes “aggression” which would raise serious technical difficulties at threshold since these offshore islands have continuously been Chinese territory in distinction to Formosa and Pescadores which have inchoate juridical status under Japanese peace treaty. Also action under [Page 664] Chapter VI is not vetoable by the parties so that ChiNats could not veto nor could Chinese Communists allege that action would [have] been nullified by them if they had not been unlawfully deprived of UN seat. While Articles 36 and 37 are not explicit as is 40 with reference to “provisional measures” “to prevent an aggravation of the situation”, it is the view of Fitzmaurice in which I am disposed to concur that under 36 and 37 the Security Council could recommend cessation of hostilities and this might have the practical effect as a “call” under Article 40 even though latter legally has greater mandatory force.
Foreign Office view is that initiation of matter should preferably be by a member not closely identified with situation although having legitimate interest. Eden suggests New Zealand, now member of Security Council, is appropriate and believes it might be disposed to act.