396.1–ISG/4–2351: Telegram
The Ambassador in France ( Bruce ) to the Secretary of State 1
6439. Re London’s Sigto 596 April 15 rptd Frankfort 1107.2 Sauvagnargues, who has just returned from ISG in London, expressed to us certain lingering misgivings about US and Brit position re legal background of contemplated contractual arrangements with Germany. Altho points of view are now perhaps not far apart, he still viewed with horror British proposal that reference be made to Art 59 of basic law, which wld place contractual arrangements in category of treaties which in French view they emphatically are not. Brit proposal in London that certain contractual arrangements might be adhered to by other countries also give grounds for uneasiness, Sauvagnargues said.
Fr position, to which he believes we subscribe in principle, is that contractual arrangements are not intergovernmental agreements but concluded between HICOM as supreme authority in Germany on one hand, and FedRep on other. There is no opposition from French point of view to conclusion of treaties on other occasions, he said (after all, France has just concluded treaty re Schuman Plan), but nothing must be done to detract from principle of our continuing supreme authority. Germany thus can, in accordance with contractual arrangements, conclude treaties in certain fields, but contractual arrangements themselves cannot be considered treaties. Above appears to be in line with Sauvagnargues remarks as per Bonn’s 653 to Dept March 21 (rptd London 178).3
It is true, Sauvagnargues said, that legal formulation must be found permitting contractual arrangements to be ratified by Bundestag, but this is matter for ingenuity of legal experts who will surely find formula which is agreeable both to Germans and ourselves. Germans should be told, he said, that we must do everything to avoid giving Soviets the impression that peace treaty is being concluded, which wld undermine our jointly agreed position with respect to Eastern Germany and lost eastern territories. If this approach is taken, Sauvagnargues perceives little difficulty with Germans. It was Brit position he seemed most concerned about.