Foreign Relations of the United States, 1961–1963, Volume XXV, Organization of Foreign Policy; Information Policy; United Nations; Scientific Matters

484. Memorandum of Conversation¹

Washington, January 27, 1961.

SUBJECT

• Law of the Sea—Canadian Approach to other Governments Concerning a Multilateral Treaty

PARTICIPANTS

• Mr. S.F. Rae, Minister—Canadian Embassy
• Jim S. Nutt, Counselor, Canadian Embassy
• Mr. Raymond T. Yingling, Assistant Legal Adviser, State Department

Mr Rae said they had come in to leave a memorandum indicating the intention of the Canadian Government to sound out a selected number of other Governments (list attached)² on their attitude to adherence to a multilateral Convention embodying the United States-Canadian proposal which narrowly failed to receive the necessary two-thirds vote to be adopted at the Second Conference on the Law of the Sea held at Geneva in 1960.³ Mr. Rae stated that of course we are aware of the reasons for endeavoring to conclude a multilateral Convention on this matter. He indicated that his Government hoped that our Embassies in the countries which will be approached could be instructed to adopt a “benevolent attitude” to their efforts in the event that the Embassies were approached by the Governments to which accredited. He added that we would be given the results of the soundings at a later date.

I replied that consistent with our present policy with respect to a multilateral Convention, we were not in a position to approach the indicated Governments directly on this matter. On the other hand, as previously informally indicated to the Canadian Government, we had no objection to its taking soundings of the nature indicated even though we could not cooperate in this exercise.⁴ Therefore, it could be assumed that we would make no statements contrary to their efforts.

I concluded that of course there has been no opportunity as yet to obtain the views of the new Administration in the Department on Law of the Sea matters.

1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, 399.731/1–2761. Secret. Drafted by Yingling.
2. Not printed. The countries on the list were Australia, New Zealand, South Africa, Pakistan, Ireland, Denmark, Greece, Germany, Israel, Italy, the Netherlands, Portugal, Spain, Sweden, Switzerland, Turkey, Thailand, and Japan.
3. During the 13th Plenary Session on April 26, 1960, the Second Law of the Sea Conference failed by a vote of 54–28–5 to adopt a U.S.-Canadian proposal for a 6-mile territorial sea plus a 6-mile contiguous fishing zone that would remain open to traditional users for 10 years.
4. On January 31 the Department sent circular telegram CA-1130 to this effect to the Embassies in Turkey, Greece, Thailand, Switzerland, West Germany, Australia, Denmark, Ireland, the Netherlands, Pakistan, Portugal, Spain, South Africa, Italy, Sweden, Israel, Tokyo, and New Zealand. (National Archives and Records Administration, RG 59, Central Files 1960–63, 399.731/1–3161)