Office of the Historian

320/1–1552: Telegram

The Secretary of State to the United States Representative at the United Nations (Austin)

confidential
priority
Washington, January 15, 1952—8:24 p.m.

Gadel 722. Re Membership:

1. Peru proposal: Dept concurs with excellent analysis and comments (Delga 1021, Jan 15) Peru proposal and authorizes USDel negotiate redraft along lines suggested reftel. Dept has fol additional comments:

a.
Re Para 3, draft Res, objective aspects shld not be over emphasized. Para shld be redrafted to be consistent with statement in [Page 428] 1948 ICJ opinion that “Art 4 does not forbid taking into acct of any factor which it is possible reasonably and in good faith connect with conditions laid down in that Art. Taking into acct of such factors is implied in very wide and very elastic nature of prescribed conditions; no relevant polit factor—that is to say, none connected with conditions of admission—is excluded”. Further, it shld be made clear tests stated existing Para 3 are examples and not exhaustive listing.
b.
As urtel implies, Para 5 shld be omitted.
c.
Re operative Para 2, Dept recommends deletion words beginning with “treaties” and substitution of fol: “all appropriate evidence relevant to their admission under Art 4”. In addition, Dept questions whether GA can invite applicants present evidence to SC although it cld make recommendation SC this effect. Further, is presentation evidence to be oral and/or written?
d.
Re operative Para 3, “action” wld appear preferable to “recommendations”,

Dept wld appreciate opportunity comment on revised draft if time permits.

2. Dept assumes no GA action contemplated looking toward participation non-member states in GA or revision Art 86 to give Italy membership in TC. Is this assumption correct?

Acheson