501.BB/8–3149

Memorandum by the Ambassador at Large (Jessup)1

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Attached is a draft of a proposed UNGA Resolution on the Chinese situation which follows the pattern of the Washington Treaty of 1922 on China.2 This is the step proposed in paragraph 3 of my memorandum of August 29th to the Secretary listing a series of suggested measures in regard to the Far East.3 The draft resolution repeats the substance of each of the subparagraphs of Article 1 of the Washington Treaty as it was felt that the omission of any one of them, even though it might not be completely appropriate to the present situation, might give rise to criticism. There is also attached for purpose of comparison a copy of Article 1 of the Washington Treaty.3 Any comments you may wish to make will be appreciated.

Philip C. Jessup
[Annex]

Draft Prepared by Mr. Charles W. Yost, Special Assistant to the Ambassador at Large (Jessup)

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UNGA Resolution

The members of the United Nations agree that they will not take advantage of the present disturbed conditions in China

1.
to infringe the sovereignty, the independence or the territorial and administrative integrity of China and, specifically;
2.
to detach, seek to detach or recognize the detachment from the sovereignty of China of any territories which have been recognized by international treaty as falling under that sovereignty; or
3.
to create, or to become a party to any undertakings creating spheres of influence or special regimes or administrations within the territory of China;
4.
to restrict the opportunity of the Chinese people to develop and maintain a stable and effective government responsive to their wishes; and independent of foreign control;
5.
to seek special rights or privileges in China or parts of China, particularly in regard to trade and the use of ports and railways, which are not accorded to all other members of the United Nations; or
6.
to take action, or become a party to undertakings, infringing the principle of equal opportunity for the commerce and industry of all nations throughout the territory of China.

The members of the United Nations, moreover, solemnly call upon the Government of China and upon each and every regime or administration exercising political authority within any part of the territory of China to refrain from any action directed against any of Chinas neighbors which might constitute a threat to or a breach of the peace and hence involve a violation of the United Nations Charter. Should any such action occur in spite of this admonition the United Nations will take immediate action in the premises in accordance with the terms of its Charter.

  1. Addressed to the Deputy Under Secretary of State (Rusk), the Consultants on the Far East (Fosdick and Case), the Chief of the Division of Chinese Affairs (Sprouse), the Acting Director of United Nations Affairs (Sanders), and the Director of the Policy Planning Staff (Kennan).
  2. Signed February 6, 1922; Foreign Relations, 1922, vol. i, p. 276.
  3. Attachment not printed.
  4. Attachment not printed.