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

491. Memorandum From the Deputy Legal Adviser (Meeker) to the Under Secretary of State (Bowles)¹

Washington, May 25, 1961.

SUBJECT

• Multilateral Convention Embodying the Provisions of the United States-Canadian Proposal at Geneva regarding the Law of the Sea

On May 15, 1961, the Canadian Ambassador left with you (Tab E) an aide-memoire giving the results of a preliminary survey made by Canada and the United Kingdom to ascertain the attitude of the eighteen countries approached on the above subject.² The Canadian Ambassador indicated that the two governments considered the results encouraging, and the aide-memoire proposed that the survey be extended to twenty-five to thirty countries and requested United States participation in the extended survey. A similar aide-memoire was delivered by the British Embassy to the Legal Adviser’s Office the next day. L was requested to prepare a memorandum recommending a course of action with respect to the suggestions in the aide-memoire.

A meeting, attended by representatives of the Department of the Navy, Department of the Interior, U/FW, EUR, FE, ARA and NEA was held in L (Mr. Yingling’s office) on May 22 to discuss the subject. The discussion revealed a difference of views as to participation in the proposed survey, indeed as to the objective itself.

L considers that such a multilateral treaty as proposed is the only alternative now available to legal chaos and an ultimate situation very unfavorable to United States interests. Its reasons are briefly summarized in the attached paper (Tab A).³ L is authorized to say that EUR, FE, ARA, and NEA concur in its views, and consider the proposed course of action not only feasible but necessary.

The Department of Defense considers that the United States should not participate in the extended survey and questions the desirability of the ultimate objective. Its views have been stated in a letter of May 25, 1961, from Deputy Secretary of Defense Gilpatric, a copy of which is attached (Tab B).⁴

The Fish and Wildlife Service, Department of the Interior and U/FW are of the view that the United States should not participate in the extended survey. They see no advantage in the proposed treaty from a fisheries standpoint, rather the contrary, and do not feel that these disadvantages are compensated by any gains in the field of national security. Their views are briefly set forth in the attached memoranda (Tabs C and D).⁵

Recommendations:

1. If you agree that the United States should participate with Canada and the United Kingdom in an extended survey to ascertain support for a multilateral treaty on the lines indicated, that you authorize L to participate in talks with representatives of Canada and the United Kingdom to plan the next steps to be taken.

2. If you do not approve participation by the United States in the extended survey that Canada and the United Kingdom be so informed, and that we attempt to discourage them from pursuing the matter further at this time. In this event, L will communicate this decision to the British and Canadians.⁶

1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, 399.731/5–2561. Secret.
2. Document 486.
3. Document 489.
4. Document 490.
5. Documents 487 and 488.
6. The memorandum bears no indication of Bowles’ approval or disapproval of the recommendations.