501.BB International Law/10–446

Memorandum of Conversation, by the Director of the Office of Special Political Affairs (Hiss)

Dr. Liang told me that he had suggested yesterday to Mr. Fahy the introduction of a resolution in the General Assembly which would direct the Secretariat to prepare a survey of the problems involved in attempting the codification of international law, this survey to be made available to the General Assembly at the Assembly’s 1947 session. Dr. Liang said that Mr. Fahy had replied that we had been giving consideration to the codification question, that he had been in consultation with Senator Austin about the matter, and that he was inclined to feel that there would be considerable sentiment for a committee of the General Assembly composed of representatives of member governments to consider the matter.

Dr. Liang said that on further consideration he would now like to suggest a combination of his proposal and of the formation of a General Assembly committee. He would suggest that at the forthcoming session of the General Assembly a committee along the lines Mr. Fahy had described be appointed with the understanding that it would not meet for six months. The resolution would direct the Secretary General immediately to appoint an advisory committee of experts in international law who together with appropriate members of the Secretariat [Page 534] would prepare a survey report of the kind Dr. Liang had in mind. This report would be submitted within six months to the Assembly committee which would be directed to make its own report to the Assembly at the 1947 session. Dr. Liang thought his latest proposal would combine the merits of both plans and would speed up the whole question of Assembly action in this field.

Dr. Liang said that he will see Ambassador Wellington Koo11 and that he hopes that the United States and Chinese Delegations will jointly sponsor a resolution on the subject of codification. I told Dr. Liang that the British Embassy had talked to us briefly about this subject and that it seemed to me that they and perhaps other delegations might be interested in the subject and I wondered whether there might not be merit in having as wide support for whatever resolution might be introduced as possible. Dr. Liang said that at Mr. Gromyko’s12 request he had already talked about this subject to a member of the Soviet Delegation. I remarked that the Latin American states tire particularly interested in questions of international law. Dr. Liang indicated that he might consult Mr. Padilla Nervo13 of the Mexican Delegation.

I told Dr. Liang that we would be glad to consider his suggestions and that I would see that Mr. Fahy and others interested in this matter were informed of his views.

  1. V. K. Wellington Koo, Ambassador of China to the United States and Head of the Chinese Delegation to the General Assembly.
  2. A. A. Gromyko, Representative of the Soviet Delegation to the General Assembly.
  3. Luis Padilla Nervo, Chief Representative of Mexico on the Security Council.