Foreign Relations of the United States, 1946, General; the United Nations, Volume I

501.BB International Law/10–346

Memorandum of Conversation, by the Associate Chief of the Division of International Organization Affairs (Maktos)

[Washington,] October 3, 1946.

Participants:	Dr. Yuen-li Liang, Director of the Division of Development and Codification of International Law, United Nations, Legal Department
	Mr. Charles Fahy7
	Mr. John Maktos

Dr. Liang called at the Department at his request to discuss a document entitled, “Proposed Resolution on the Development and Codification of International Law”, and dated August 15, 1946.⁸

The document contains a draft resolution which the Secretariat proposes should be submitted to the General Assembly for adoption. The resolution requests the Secretary General:

• “1. To prepare a survey of the general multipartite international conventions now in force, and of such conventions drafted by official international conferences during the past fifty years which have ceased to be in force or have not been brought into force;
• “2. To establish contacts with official and unofficial bodies engaged in efforts to promote the scientific formulation and development of public and private international law, and to prepare a survey of their current projects and activities; and
• “3. To prepare, with such advice and assistance as may be needed, a report on the methods and procedures which may usefully be followed by the General Assembly in discharge of its functions under paragraph la of Article 13 of the Charter to ‘initiate studies and make recommendations for the purpose of encouraging the progressive development of international law and its codification.’”

Mr. Fahy stated that under Article 13 of the Charter, the General Assembly was under obligation to take steps to initiate studies and make recommendations with respect to the development and codification of international law. He added that the Department would give careful consideration to the document, copies of which were handed to Mr. Fahy and Mr. Maktos. Thereupon, Dr. Liang offered to remain in Washington for further discussions. It was pointed out, however, that the subject had been discussed by the Department with Senator Austin and that in view of his absence from Washington, no useful purpose would be served by Dr. Liang’s stay.

Mr. Fahy informed Dr. Liang that the problem and the appropriate procedure could be considered by a General Assembly committee. Mr. Maktos suggested that such a committee could, of course, study reports and suggestions of official as well as unofficial bodies and that the proposed report of the Secretariat could be submitted to the committee. Dr. Liang suggested that Mr. Maktos discuss this problem with Ambassador Wellington Koo but it was pointed out that such discussion should be postponed until after additional consultation with Senator Austin.

The hope was expressed by Dr. Liang that the Delegations of the United States and China would submit a joint resolution in this manner, particularly in view of China’s initiative in this field at the San Francisco Conference. Mr. Fahy assured him that we would be glad to cooperate in this respect and that in the meantime the document will be given careful consideration.

At the end of the meeting, Mr. Maktos gave Miss Whiteman⁹ a copy of the document for her comment, since she had been responsible for the preparation of the position paper on codification.

7. Legal Adviser.
8. Not found in Department files.
9. Marjorie M. Whiteman of the Office of the Legal Adviser.