251. Telegram From the Department of State to the Mission at the United Nations1
743. Re Egyptian Suez Canal Declaration. Confirming Cook-DePalma telephone conversation,2 following for Ambassador Lodge’s use in his meeting with SYG are our views re Egyptian Canal Declaration (Cairo’s 3032)3 and certain points on which clarification is required.
Our initial reaction is one of disappointment. Quite apart from details, concerning which we have number of questions, fails to meet certain basic propositions:
- First, it is based upon an entirely unilateral approach and does not involve definite international engagements.
- Secondly, proposals do not embody six principles set forth in October 13 Security Council resolution.
- Thirdly, does not provide for application those six principles in manner providing for organized cooperation between Egypt and users of Canal as contemplated in SC resolution of October 13 or Secretary General’s letter of October 24.
Notwithstanding our initial reaction, we are not freezing our position or attitude until we have had time study matter further and consult at greater length. In particular we attach importance obtaining from Secretary General Hammarskjold his views on Egyptian paper. It may be he can elaborate upon various elements of the position and as result of such clarification, our judgment on various aspects of matter might be affected.
Specifically clarification of following points is required:
- 1)
- How would Egyptian declaration serve as an effective international instrument creating obligations which would bind Egypt to users of Suez Canal?
- 2)
- In referring to 1888 Convention, does declaration mean that only parties to the Convention have rights under it, or that rights are held by all user nations?
- 3)
- What provision is there for organized cooperation between Egypt and users which would give effect to six principles?
- 4)
- Does Egypt accept compulsory jurisdiction of the ICJ to determine disputes between Egypt and user nations regarding Canal?
- 5)
- With whom would Egypt negotiate concerning tolls and how would differences be settled?
- 6)
- Would individual users have a right of arbitration if they did not obtain satisfaction from Canal Authority?
Pursuant UKUN Mission’s request that US advise SYG not to discuss Egyptian Canal Declaration with UNEF Advisory Committee, we believe Ambassador Lodge should suggest to SYG we assume he will not undertake consult Advisory Committee this matter since it does not appear be appropriate forum for such consultation.