315.3/11–453: Telegram
The Secretary of State to the Embassy in France 1
priority
1710. Personal for the Ambassador. Ambassador Lodge informed of intended French position General Assembly on Administrative Tribunal [Page 364] decisions which falls short of helpfulness needed. Please re-emphasize to Bidault the very deep personal concern of the Secretary with this matter and leave with him the following aide-mémoire:
“The Secretary received with gratification Ambassador Dillon’s report on his conversation with Bidault in regard to his earlier note on the decisions of the UN Administrative Tribunal, and has looked forward to support of the French delegation for the US position in the General Assembly. However, Ambassador Lodge now advises us he is informed that the French Delegation, while refraining from campaigning for payment of the Tribunal awards, will vote for an appropriation for this purpose.
“A considerable section of the international public has been given a false impression of the true status of the UN Administrative Tribunal and the standing of its decisions, assuming the Tribunal to be a high court of constitutional establishment, similar to the International Court, and its decisions, however bad, to be immune from correction by the General Assembly. The dangers present in this misinterpretation should strengthen our determination, in the interest of the sound development of international law and the future of the United Nations, to have the General Assembly meet its responsibility and refuse to give its sanction to action taken by the Tribunal in usurpation of authority vested, in accordance with the Charter, by the GA in the SYG.
“Not only did the Tribunal substitute its judgment for that of the SYG in an area of decision which the GA clearly intended to reserve to the SYG when the Tribunal was established in 1949, but the Tribunal’s decisions on the merits and with regard to damages will not stand the light of objective public examination. For the GA to permit such decisions to stand, given its power to take remedial action, would have very grave long-term consequences for confidence in the GA as a principal and responsible organ of the UN. We sincerely hope the French Delegation will not find it necessary to support an appropriation for payment of Tribunal awards.”
Material referred to my 1654, Oct 31, as airpouched may be used as appropriate to support the foregoing.2
- Drafted by the Director of the Office of International Administration and Conferences (Ingram) and Charles Runyon of the staff of the Assistant Legal Adviser for UN Affairs (Meeker). Cleared with the Deputy Assistant Secretary for UN Affairs (Sandifer). Approved by the Deputy Under Secretary for Political Affairs (Murphy).↩
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Deptel 1654 not printed (315.3/10–2453). This has reference to the circular instruction of Nov. 2 cited in footnote 2, supra.
In telegram 1791, Nov. 6, 6 p.m., the Paris Embassy replied:
↩“Bidault advised of Secretary’s personal interest and said he would give it his personal attention. He was doubtful however whether French could come any further our way. Aide-mémoire previously given to Margerie with expression of hope that French would at least abstain. He promised to have case reviewed but said that French felt as did many other delegations that US technical position was open to question. He nevertheless realized its political importance.” (315.3/11–653)