892.014/1–2546: Telegram
The Acting Secretary of State to the Chargé in Siam (Yost)
47. Deptel 2, January 2, 1946. 1. With respect to the possibility of Siam bringing dispute on border territories to the attention of the Security Council or General Assembly under Article 35, paragraph 2 of the Charter, Dept feels that Siamese Government should clearly understand the necessity of its first endeavoring to seek a solution to the dispute in accordance with the means set forth in Article 33, paragraph 1.
2. For your further information re possible temporary UNO commission to administer disputed Indo-Chinese territories it should be understood that although Security Council of UNO could recommend to the parties, under Article 36, paragraph 1, of UNO Charter, that such a commission be established in conjunction with appropriate procedures or methods for settlement of the dispute, the commission could be established only after the parties had agreed to it. Should the parties to the dispute agree to request UNO to establish an interim administrative commission, Dept feels Security Council could do so under Article 1, Section 1, and Article 29 of the Charter, if it deemed this necessary to the performance of its functions under Chapter VI of the Charter in facilitating a peaceful settlement of the dispute by the parties.
3. In so far as the establishment of an administrative commission representing the principal Allied powers is concerned (as distinguished from a UNO commission), this, too, would necessitate prior agreement between France and Siam.
4. It is important also to note that Siam’s position with respect to [Page 985] France may be complicated by Article 107 of the Charter, since France continues to regard Siam as an enemy state. For your confidential information American delegation at UNO meeting in London has been instructed that should dispute come before General Assembly or Security Council, delegation should assume that it is appropriately within the cognizance of UNO.
5. All of the foregoing and information in mytel 2 is without prejudice to powers of the General Assembly or the Security Council with respect to situations endangering or threats to international peace and security as defined by the Charter. In particular reference is made to Article 37.
Sent to Bangkok. Repeated to London.