144. Telegram From the Mission to the United Nations to the Department of State1

611. Information Memorandum to the Secretary from Ambassador James L. Malone. Subject: LOS Weekly Report (March 8–March 12, 1982).

1. Secret—Entire text.

2. During the first week of the 11th session of the Law of the Sea Conference the U.S. delegation engaged in intensive negotiations with the other industrialized countries to produce a joint proposal on preparatory investment protection which is one of the outstanding issues at the conference. These negotiations were completed on Friday night and the proposal will be co-sponsored by Japan, UK, FRG and the U.S. France has elected to remain out for the time being. The U.S. delegation prepared in response to Group of 77 requests a book of amendments which would fully carry out the objectives outlined by the President in his January 29 statement,2 NSDD 20,3 and our negotiating instructions.4 [Page 434] This book of amendments was presented to the conference today. Limited reactions from the Group of 77 have been obtained. All agree the U.S. amendments will not be accepted in their totality. Many delegations want to find a way of working with the United States in a constructive manner. Some delegations notably Brazil, are attempting to obtain unified G77 opposition to the entire package, because of the Brazilian desire to force technology transfer to developing countries. We have no negotiating instructions to accommodate the Brazilians.

3. The general mood of the conference is tense with continued insistence on maintaining the conference timetable though this may largely be a negotiating ploy to keep our feet to the fire and to force us to reduce our demands at an early stage. In general, the conference has reacted favorably to the style of our presentations and many delegations have told us that this is making it easier to digest what is otherwise a very tough position for them to accept.

4. Our allies for the most part have been supportive. The USSR is obviously being careful not to overly incite the G77.

5. Next week we will hear G77 reactions to our book of amendments. There will probably be a short period of upset within the conference while leadership attempts to find a suitable negotiating forum in which the G77 leaders and the industrialized countries can begin serious discussions on the issues raised by the U.S.

6. At this stage there is no reason to have anything more than guarded hope, but all things considered we are apparently off to a good start under very difficult circumstances.

Kirkpatrick
  1. Source: Department of State, Central Foreign Policy File, D820134–0895. Secret; Immediate.
  2. See footnote 4, Document 139.
  3. See Document 140.
  4. The instructions were submitted to Clark for his approval under a March 8 covering memorandum from Bremer. (Department of State, Central Foreign Policy File, P820047–0031)