304. Memorandum From the Head of the Delegation to the Conference on Antarctica (Phleger) to the Secretary of State1
The Committee of the Whole met at 11:00 a.m. The entire meeting was devoted to a discussion of the following joint Australian-Argentine proposal for a new Article:
“No detonations of nuclear or thermo-nuclear devices of a non-military nature, and no disposal of fissionable waste material, shall take place in Antarctica except after prior notice to and consultation among the High Contracting Parties.”
The Soviet Union favored terminating the proposal with the word “Antarctica.” Inclusion of the second part of this proposal, it said, would undermine Article I and would complicate the problem of inspection. The Soviet Union also said it could accept a treaty which contained no Article on this subject.
Argentina also favored total prohibition of nuclear detonations but said that, failing general agreement on this point, it could accept the proposal as worded above.
Chile also favored prohibition of all nuclear testing in Antarctica, but expressed willingness to permit the use of atomic energy, subject to approval by all of the high contracting parties.
New Zealand announced four preferences, in the following order: (1) complete prohibition of nuclear detonations; (2) detonations after unanimous consent; (3) the foregoing Australian-Argentine proposal; (4) consideration of this matter by the consultative group.
It was agreed that in the future meetings of Committees I and II would be replaced by meetings of the Committee of the Whole, which was to meet again in the afternoon to discuss those items which have not yet been taken up. It was also agreed that there would be a meeting of Heads of Delegations tomorrow at 10:30 a.m.
The Committee of the Whole met at 3:00 p.m. and discussed proposals for a preamble submitted by New Zealand and Chile.2 As a result of the discussion, Chile agreed to withdraw a reference in its proposal to the Rio Treaty of 1947. It was agreed to submit both proposals to the Drafting Committee to be combined into one text, in which there would be no mention of regional agreements.
[Page 602]The working paper draft of the Modus Vivendi was considered.3 Chile opposed such a document, claiming it would have the effect of a provisional treaty without ratification by the Chilean Parliament, and suggested another procedure, such as the addition of an interim article providing for consultation among the signatories through normal diplomatic channels. Argentina supported this suggestion. Australia recommended that the working group that met in Washington prior to the Conference be used as a multilateral diplomatic channel. Chile agreed to put its suggestion in writing, to be considered at the meeting of Heads of Delegations tomorrow morning.
For the U.S. Representative:
Secretary