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

149. Memorandum From Secretary of State Haig to President Reagan¹

Washington, April 5, 1982

SUBJECT

• Law of the Sea Conference Mid-session Assessment

On Saturday² I met with the chairman and senior members³ of our delegation to the Law of the Sea Conference. On the basis of their report and recommendations I would like to give you my thoughts on where we now stand.

It appears that in the next two weeks, it may be possible to make considerably more progress toward meeting your objectives announced on January 29 than we had thought previously.

While the developing countries are being very cautious, there are now many indications of their willingness to make a number of changes to the Treaty which move toward meeting your objectives. These changes would include new provisions concerning the powers of the one-nation one-vote Assembly, technology transfer, the contract approval system, grandfather rights for existing investors and a guaranteed U.S. seat on the Council. We are somewhat less encouraged but still hopeful concerning prospects for negotiating acceptable solutions to the problems of the adoption of amendments to the Treaty by the Review Conference.

In two areas, however, the situation presently appears to be unpromising:

—complete elimination of production ceilings on Seabed material production from the Treaty, and;

—achievement of a voting system on the Council of the International Seabed Authority which would allow the U.S. and a few of our Western allies to affirmatively impose certain decisions.

These two areas are not specifically mentioned in your January 29 decision but have been included in the delegation’s instructions, as have certain other lesser matters, which I believe may not be needed to achieve your stated objectives.

Accordingly, I have decided to convene a SIG meeting on Monday April 5⁴ to review the delegation Chairman’s written report and assessment of prospects for achieving your objectives. If any serious agency differences arise out of that meeting affecting your fundamental objectives you will need to make decisions soon. The Conference is at a turning point and if we do not demonstrate some flexibility in the above mentioned areas, the developing countries, the Socialist countries and many of our Western allies seem likely to adopt the present Treaty and open it for signature in September in Caracas.

1. Source: Department of State, Central Foreign Policy File, P820058–0937. Secret. There is no indication Reagan saw this memorandum, but a typed note at the top of the memorandum reads: “Original sent WH via special courier, 4/5 11 am.”
2. April 3.
3. In an April 5 memorandum to Meese, Randolph wrote that “Ratiner, Chief Negotiator on Law of the Sea delegation, brought Malone, Chief of delegation, down to Washington, D.C. on Saturday and had a meeting with Secretary Haig wherein they requested Haig’s approval for major changes to the delegation’s negotiating instructions. Dave Stang alleges these changes would put the ocean mining industry completely out of business. Haig has tentatively approved these changes.” (Reagan Library, Meese Files, Law of the Sea)
4. See Document 150.