574.G1/883: Telegram

The Secretary of State to the Chairman of the American Delegation (Sykes)

29. Your 21, October 4, 5.00 p.m.

1.
The delegation should not endeavor in any formal way to prevent such an invitation from being extended or accepted. However, if the delegation should consider it practicable, with due informality and discretion, to encourage the delegation of some other participating government to deal with the matter in such a manner as to prevent the extension of such an invitation, the delegation might well take such measures. In case the invitation should nevertheless be extended the delegation should communicate immediately with the Department for further instructions.
2.
The delegation should make no statement regarding unrecognized regimes. For its information and discreet use, the delegation is informed that this Government considers that the signature or adherence by an unrecognized regime to a multilateral treaty of which the United States is a signatory or to which it is a party entails no recognition by the United States of such regime. It should be evident that a contrary view would place it within the power of a non-recognized nation or regime to compel recognition by other powers parties to a multilateral treaty, whether by signature or by adherence, against their will. This is not legally possible, in view of the United States Government. Recognition is primarily a matter of intention. Intention on the part of the United States to recognize another government cannot be imputed to the United States by a unilateral act of such other government. Signature or accession by such other government to a multilateral treaty is considered to be its unilateral act. For the above reasons it is deemed unnecessary that any statement should be made on the subject at the time of signing the convention.
Stimson