501.BB International Law/10–1446

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

At the request of Mr. Noyes,18 Mr. Maktos called Mr. Bathurst to discuss the agenda item relating to codification of international law.

Mr. Bathurst stated that he had gathered the impression from a conversation with Dr. Liang, Director of the Codification Division of the Legal Office of the United Nations Secretariat, that the position of the United States concerning codification of international law had been changed.

Mr. Maktos informed him that he had been present at a meeting in Mr. Fahy’s office at which Mr. Liang had submitted a Secretariat document, dated August 15, 1946, containing certain suggestions with respect to codification of international law. Mr. Bathurst had also been handed a copy of the document and was familiar with the suggestions. Mr. Maktos pointed out that Mr. Fahy had explained the position of the United States and had pointed out that it had been discussed with Senator Austin. Dr. Liang was also informed that the Senator was away from Washington and that the subject would be further discussed at the New York meetings of the Delegation.

Mr. Maktos made it clear that there had been no change of policy indicated by Mr. Fahy at that meeting and that none had taken place since then.

Mr. Bathurst stated that he was glad to hear that our thinking was still along the line of a committee consisting of government experts rather than experts in connection with the government.

  1. Charles P. Noyes, Adviser on Security Council Matters, United States Delegation at the United Nations.