840.811/8–1248: Telegram
The Ambassador in Yugoslavia (Cannon) to the Secretary of State
Deldu57. From Dustmann for Michael McDermott and Dunning. Statement by Radius, Deputy Chairman, USDel, supporting US amendment to Article V convention draft, August 12:
[Page 688]Change proposed Article V of Soviet draft by US amendment is obvious from text.1 In first paragraph we list states members of Danube Commission in place of general term “Danube states” which appears Soviet draft. This list includes riparian states and Four Powers which as members of CFM have special responsibility, recognized under UN Charter, for making peace settlements and establishing foundation peaceful internal order Europe.
All states, riparian and non-riparian, have strong legitimate interest in freedom navigation Danube. In case riparian states interest obvious. It recognized in draft convention submitted by Soviet Delegation and in draft convention American Delegation. I will not dwell further on it except call attention to inclusion Austria. Soviet draft proposes Austria become member commission after question of treaty Austria settled. We believe Austria should become party to convention and member commission soon as convention enters into force and commission begins function.
Austria is one most important riparian states bordering shores for 275 miles. From standpoint engineering projects and control of [or] development river, Austria’s geographical position of key importance. From commercial point, Austria shipping, trade, great river port Vienna must be taken account. System internal regulation on whole river inconceivable without Austrian participation, from start, in internal [international] commission charged with regulation.
Soviet Delegation [delegate] cited on several occasions decision of CFM, December 6, 1946, as follows: “Governments US, UK, USSR, France agree call within six months of coming into force of peace treaties with Rumania, [Bulgaria,] Hungary, conference to work out new convention regarding regime navigation Danube composed of representatives Danubian states: USSR, Ukrainian USSR, Bulgaria, Rumania, Yugoslavia, Czechoslovakia, Hungary, and representatives following states, members CFM: US, UK, France.
Subsequent changes this convention, should they become necessary, shall also be made by conference composed as indicated above.
Austria shall take part in above-mentioned conferences after question treaty Austria settled.”
US does not consider that decision as barring Austria from participation in Danube Commission before treaty between Austria and four occupying powers concluded. Austria has been restored independence in accordance Moscow declaration 1943.2 It has own government, whose mandate based on free popular election. This government maintains diplomatic relations many nations. It may enter international agreements (and has done so) with only this specific limitation that such agreements may be disapproved by unanimous decision Allied Council Vienna. I shall read from Four Power Control Agreement concluded Vienna June 28, 1946, by US, UK, Soviet Union, France: “Article VI, Section A: All legislative measures, as defined by Allied Council, and international agreements which Austrian Government wishes make except agreements with one of four powers, shall, before they take effect or are published State Gazette be submitted by Austrian Government to Allied Council. In the case constitutional laws, written approval Allied Council required, before any such law may be published and put effect. In case all other legislative measures and international agreements it may be assumed Allied Council has given its approval if within 31 days time receipt by Allied Council it not informed Austrian Government it objects legislative measure or international agreement. Such legislative measure or international agreement may then be published and put into effect Austrian Government will inform Allied Council all international agreements entered into with one or more four powers.” I think can say definitely this provision no obstacle to Austria’s immediate adherence to Danube convention and full participation proposed Danube Commission.
Now I turn to non-riparian representation. Our amendment provides inclusion of UK, France, US as members commission. Along with USSR, these three states have, as mentioned, special responsibility for peace settlements in Europe and problems related to settlements, such as re-establishment freedom navigation Danube. As members CFM, these Four Powers discussed at length Danube question, introduced by USDel. Paris conference, by two-thirds majority, recommended to CFM they insert in peace treaties with Rumania, Bulgaria, Hungary provisions for freedom navigation and that they convoke conference to work out convention embodying that principle. CFM did take action those lines at New York meeting December 1946. It took decisions with which all familiar.
It was Four Powers CFM which, on US initiative, took steps to have conference convoked Belgrade to work out new convention. In entire procedure leading to conference interest of three western powers freedom navigation Danube generally recognized. Neither Paris conference [Page 690] 1946 nor CFM made any decision to effect new Danube regime should be riparian states alone. Very fact four members CFM are present conference is clear indication no such result intended.
In US statement August 5 before plenary session3 Ambassador Cannon gave number reasons why US directly interested in maintenance freedom navigation Danube. Our interest in economic welfare progress Europe is general. It not limited to one region. American participation in ECE proof our concern with programs both for immediate reconstruction and for longer-term economic development. For present immediate future, moreover, US has direct concern with Danubian navigation through which navigable Danube flows. That section river, under both Soviet and American draft, would come under jurisdiction Danube Commission. But of course Commission in which riparian authority had no voice could not exercise that jurisdiction in Germany.
In presenting amendment US more concerned with principle non-riparian representation on commission than with insisting on inclusion particular states. I wish point out US does not insist being permanent member commission. At such time as Austria Germany become members, and provisions made for adequate non-riparian representation, US would be prepared to give up place on commission. Three non-riparian states represented this conference are not only ones with interest freedom navigation Danube, Danube important to European recovery and world trade. These interests should have proper representation on proposed Danube Commission along with more direct interests riparian states.
I come now to second paragraph US amendment: [The telegraphic wording of this part of the United States amendment is here omitted. For text, see the last quoted paragraph in footnote 1, page 688.] It seems beyond contradiction that Germany is important riparian state which, when returns to community nations, should have seat on Danube Commission. Should this be denied, commission could hardly obtain from Germany cooperation necessary for international regime to function along entire navigable length river.
Logical time for Germany to be admitted would be date of entry into force of peace treaty with Germany. In order maintain flexibility, we have included also provision that earlier date might be set by agreement among states parties to Danube convention. End Radius.
[The closing paragraph, here omitted, contained the telegraphic wording of Article V in the Soviet draft convention. For text, see the first quoted sentence in footnote 1, page 688.]
- [Dustmann]
- Cannon
-
The proposed amendments by the United States delegation to Article V of the Soviet draft convention are here shown by the words added in italics; and words of the Soviet draft which would be eliminated have been lined out:
↩“There shall be established the Danube Commission, hereinafter called ‘the Commission’, to be composed of one representative of each Danube State of the following States: Austria, Bulgaria, Czechoslovakia, Hungary, Rumania, the Ukrainian S.S.R., the Union of Soviet Socialist Republics, and Yugoslavia, together with France, the United Kingdom of Great Britain and Northern Ireland, and the, United States of America.
“Germany shall be admitted to full and equal membership in the Danube River Commission upon entry into force of the treaty of peace with Germany or before that time by agreement between the states parties to the present convention.”
- Foreign Relations, 1943, vol. i, p. 761.↩
- For Ambassador Cannon’s statement before the plenary session on August 5, see the unnumbered telegram from Belgrade on August 4, 1948, midnight, p. 655.↩