Foreign Relations of the United States, 1981–1988, Volume XLI, Global Issues II

146. Memorandum From Doug Bandow, Special Assistant to the President, Office of Policy Development, Executive Office of the President to Michael Uhlmann, Office of Policy Development, Executive Office of the President¹

Washington, March 18, 1982

RE

• Leigh Ratiner

As you are aware, Ambassador James Malone, who is leading the delegation at UNCLOS, has recommended naming Leigh Ratiner as a Special Ambassador for the Conference. This proposal has run into significant opposition, and has diverted a significant amount of Jim’s time from the Conference itself. For this reason, he called today and requested that we set up a meeting as soon as possible to resolve the issue, one way or another.²

Malone is a solid political appointee who shares the President’s philosophy. However, Ratiner, an attorney and consultant for the State Department, who is serving as Malone’s closest adviser, is another matter.

Ratiner is very able, manipulative, intelligent, and probably has about the best grasp of the issues and the players of anyone who has been involved in the LOS process. He has been involved in many previous negotiations, has served in government for awhile, and successfully represented the groups opposing U.S. signature of the UN Moon Treaty.

Unfortunately, it is unclear for what Ratiner is working. He has no clear ideology, no open personal agenda, no apparent loyalty to anyone or anything. It is not clear that he has any principled, or even pragmatic, objection to the current draft treaty. Instead, the negotiations simply appear to be a game to be “won.”

He is also distrusted by some foreign delegations, some members of the U.S. delegation, a number of conservative Congressmen, and, in particular, the U.S. mining industry. There is some reason to believe that he may have helped thwart the reciprocating states negotiations, which probably could have been signed a few weeks ago, but which now will remain unsigned by the UK and FRG for the duration of the Conference.

I am also very concerned that Leigh is now setting the stage for a request to loosen up the instructions—that is, to allow him flexibility in proposing concessions. If such a request comes, it should be rejected.

Because of Ratiner’s reputation, and the intense political opposition to him by our political and industrial allies, I don’t believe that his appointment as Special Ambassador would serve the President’s political interest.³ Because of his lack of obvious commitment to the principles and interests of the Administration, I don’t believe that it would serve the President’s policy interest.

However, failure to bestow the rank upon him will likely lead him to leave the delegation (at least, that is his claim; he may be posturing, as he is a master of negotiation). Though contingency plans are in place in case he does leave, his departure would definitely affect the ability of the delegation to negotiate, if only in the short-term. It is unclear how costly this would be, since the developing countries have rejected our proposed amendments, and there is precious little room for us to compromise whoever is masterminding the negotiations.

In any case, it is imperative that we get this issue resolved as soon as possible. Malone has requested that the decision be made at the highest levels possible, and that he have an opportunity to discuss the pros and cons, which are, I believe, reasonable requests. He is willing to fly here today, tomorrow, or whenever he is needed; he is also willing to bring Ratiner along if that is desired.

I recommend that a meeting be scheduled with Ed Meese and Judge Clark, along with other interested parties, as soon as is possible.⁴

1. Source: Reagan Library, Meese Files, Law of the Sea. No classification marking.
2. No record of a meeting has been found.
3. Ratiner did not receive the rank of Ambassador.
4. No record of a meeting has been found. An undated and unsigned document entitled “Sample of the Actions of Leigh Ratiner, LOS Delegation” outlined numerous grievances the NSC staff had with Ratiner and included the names of twelve individuals willing to discuss Ratiner’s character. (Reagan Library, Guhin, Michael A.: Files, LOS (Law of the Sea) Follow-on Review)