Foreign Relations of the United States, 1952–1954, United Nations Affairs, Volume III

315.3/11–2553: Telegram

The Secretary of State to the Embassy in the United Kingdom ¹

secret

London, November 25, 1953—3:50 p.m.

2801. USDel General Assembly reports UK has instructed UKDel to take lead at appropriate time in proposing reference by General Assembly of all legal questions involved in payment Administrative Tribunal awards to ICJ for advisory opinion. Lloyd has made representations to Lodge this effect. UKDel will be advised US would find such reference inadvisable and unacceptable.

Believe controlling issues in treatment awards item are political rather than legal, and insofar as they involve legal questions involve primarily authoritative determination of intention of General Assembly itself. Matter is ripe for General Assembly consideration and determination, and any further delay will involve needless uncertainties and difficulties. While theoretical basis for reference can be found in questioning power of General Assembly refuse give effect to decisions of Administrative Tribunal, believe basic decision is political advisability of so doing in given case.

US position regarding reference to ICJ should be communicated to Foreign Office and reconsideration UK’s proposed support of this alternative strongly urged.²

Dulles

1. Drafted by Charles Runyon of the Division of International Administration and the Director of the Office of International Administration and Conferences (Ingram); cleared with the Legal Adviser (Phleger), the Bureau of UN Affairs (initials illegible) and the Deputy Assistant Secretary of State for European Affairs (Bonbright); and signed by Ingram.
2. In telegram 2310, Nov. 27, 5 p.m., the London Embassy queried whether the Department of State wanted the Embassy to take action directed in the instant telegram “in view British attitude reported Embassy telegram 2252…”(315.3/11–2753) The Department responded in priority telegram 2854 that it considered it “important and urgent” for the Embassy to take action on telegram* 2801 “… to reinforce action being taken by US GA Delegation New York.” (315.3/11–2753) Telegram 2854 was drafted and signed by the Deputy Assistant Secretary for UN Affairs (Sandifer).