Foreign Relations of the United States, 1958–1960, United Nations and General International Matters, Volume II

323. Memorandum From the Head of the Delegation to the Conference on Antarctica (Phleger) to the Deputy Under Secretary of State for Political Affairs (Merchant)¹

Washington, November 25, 1959.

The Heads of Delegations met this morning to discuss the last unagreed Article, that on nuclear explosions.

At the last meeting all delegations agreed to paragraphs 1 and 2 of the South African formulation, with the exception of Japan and the UK, which had not yet received instructions. This agreement was on the basis that these paragraphs were acceptable in principle to the Soviet Union which had insisted, however, that it would not accept paragraph 3.

This morning the Soviet representative stated that he had received instructions that the only provision on nuclear explosions that it would accept was one reading as follows:

“No nuclear or thermonuclear experiments or explosions of a non-military nature and no disposal of fissionable waste material shall take place in Antarctica.”

The Soviet representative further stated that a provision on nuclear explosions was really not appropriate in the treaty and should not be included, but if one was to be included it must be in the form suggested.

All the remaining representatives made clear their surprise at the Soviet position, stating that they had understood paragraphs 1 and 2 were, in effect, a Soviet proposal and acceptable to it and that they had received instructions to accept paragraphs 1 and 2 on that basis. They pointed out that the new formulation included experiments as well as explosions and was a total and final prohibition that would not be lifted by an international agreement, such as was envisaged in the earlier proposal.

The Soviet representative reiterated its stand that these were its instructions and that it could agree to a treaty with no provision on the subject or one with the provision which it had suggested this morning.

Each delegation then stated in succession its position:

(1) That there should be a provision regarding nuclear explosions in Antarctica in order to satisfy the Argentine, Chilean, and Australian requirements;

(2) That paragraphs 1 and 2 were acceptable; and

(3) That the Soviet proposal was unacceptable.

The Soviet representative was asked to communicate these views to his government and to request further instructions.

The meeting then adjourned until 10:30 on Friday morning in the expectation that instructions would be received by that time.

A communiqué was agreed upon to the effect that it had been hoped that at the meeting today final agreement would be reached and a treaty signed on Friday, but absence of instructions had prevented this.² Therefore, a further meeting would be held at 10:30 A.M. on Friday, at which time it was hoped that the necessary instructions would have been received.³

1. Source: Department of State, Central Files, 399.829/11–1559. Confidential. Drafted and initialed by Phleger. Merchant wrote the following in the margin of the source text: “2:45 p.m. Talked to HP [Herman Phleger]. Bdg [Berding] thinks Soviet has decided it doesn’t want a treaty. Told him to wait it out—if Sovs want to wreck treaty they are in a poor public posture. Wants to go home—has to. Will wait till Friday.”
2. For text of the communiqué, see The Conference on Antarctica, Washington, October 15–December 1, 1959 (Washington, September 1960), p. 42.
3. At 10 a.m. on Friday, November 27, the Soviet Representative called Phleger to say that he still had not received instructions. The Heads of Delegation meeting at 10:30 agreed to adjourn until Saturday morning in the hope that he would receive them. (Memorandum from Phleger to Merchant, November 27; Department of State, Central Files, 399.829/10–959)