892.00/7–1846: Telegram
The Secretary of State to the Minister in Siam (Stanton)
613. 1. French Emb informed Dept July 22 France will oppose hearing Siamese case on ground Art 35 (2) clearly intended exclude ex-enemy states. On other hand as major concession international procedures France willing its differences with Siam be submitted for UN settlement; that issue justiciable and International Court proper organ decide case. French have drawn terms of reference for submission question Court on basis validity 1941 agreement. French will shortly show us terms with request we urge Siamese acceptance, Siamese to be urged in accepting proposal withdraw complaint from [Page 1039] Council. French believe mesures conservatoires necessary for disputed areas pending Court’s decision and Ambassador thought France would request US administer areas as conservator. (In conversation with Brit Baudet had suggested possibility US, UK and third country as administrators.) Ambassador agreed request confirmation FonOff his understanding that Franco-Siamese agreement along foregoing lines would include termination technical state of war.
2. Without further instructions do not communicate substance foregoing Siamese, but if not sure that delegation has such powers (urtel 821, July 18, para 233) urge that delegation be given broadest powers negotiate in advance Council meeting in case possibility settlement or procedural agreement with French which might avoid procedural or extraneous discussion.
3. If possible ascertain discreetly what formulas for pacific settlement dispute Siamese have in mind. If opportunity presents ascertain their views on submission case disputed areas to Court. Also with view to narrowing issues (Deptel 601, July 1934) endeavor learn what claims Siamese seriously consider valid and will wish to press assuming 1941 treaty invalid.
4. Foregoing sent Bangkok as 613. Repeated London as 5571 and Paris as 3607.35
5. London reports Brit approaching French pointing out that Art 41 Court Statute permits Court require provisional measures for preservation respective rights either party. Brit believe Court might under this Art appoint neutral observers in disputed territory to report any action disadvantageous either party. Brit willing appoint such observer if desired both parties.
- Not printed; paragraph 2 stated that Khuang Aphaiwong had agreed to join the delegation pleading the Siamese case before the United Nations if the delegation had full powers to negotiate (892.00/7–1846).↩
- This was a repeat of telegram 5523 to London, p. 1036.↩
- Only paragraphs numbered 1 to 4 were repeated to London and Paris.↩