501.PA/10–2445

The Department of State to the British Embassy

Aide-Mémoire

The Government of the United States has carefully noted the contents of the Aide-Mémoire (Ref: 2214/58/45)23 presented by His Majesty’s Government in the United Kingdom, expressing the view that “the most economical and efficient method of creating the proposed United Nations Educational and Cultural Organization would be by resolution of the Assembly of the United Nations rather than by seeking independent ratification of the draft of the constitution of the organization by every nation severally.”

The Government of the United States sympathizes with the objectives which His Majesty’s Government seeks to realize by this procedure but feels unable to subscribe to it for the following reasons:

1.
The Government of the United States is committed in hearings before both Houses of the United States Congress to submit to that [Page 1520] body for review the constitution to be prepared at the forthcoming Conference.
2.
Since other specialized agencies have been brought into existence through ratification by the signatory states, it would seem desirable to follow this practice with regard to the proposed Educational and Cultural Organization which would have wide international responsibilities. The laudable objective of saving time could, however, be advanced by providing in the organization’s constitution that it shall become effective upon mere signature of the states parties thereto, except for such signatories as choose to be bound only upon acceptance of the document in accordance with their own constitutional processes.
3.
The Government of the United States suggests that for the General Assembly to bring into existence a specialized agency, especially one with the powers contemplated for the Economic and Cultural Organization, might raise serious legal questions. It is noted that the Charter contemplates the establishment of specialized agencies “by intergovernmental agreement” (Article 57), and authorizes the General Assembly “to initiate negotiations among the states concerned for the creation of any new specialized agencies” (Article 59). Article 22 authorizes the General Assembly to establish subsidiary organs and Article 68 provides for the establishment of commissions by the Economic and Social Council; but there is no provision in the Charter expressly authorizing the General Assembly to establish specialized agencies. Therefore, the establishment of the Educational and Cultural Organization by a resolution of the General Assembly might well result in uncertainty as to its status.
4.
The Government of the United States believes that the Educational and Cultural Organization should, by agreement with the Economic and Social Council, be brought into relationship with the United Nations Organization, as provided in Article 63 of the United Nations Charter; and that this agreement should provide for the closest possible integration of function. Whether the budget of the Educational and Cultural Organization should be amalgamated with that of the United Nations Organization seems best left open to discussion and perhaps to experience. The negotiation of the agreement between the Educational and Cultural Organization and the United Nations Organization should, however, be the first duty of the Interim Commission to be established at the forthcoming Conference in London.

  1. Not found in Department files.