Foreign Relations of the United States, 1958–1960, United Nations and General International Matters, Volume II

324. Memorandum From the Head of the Delegation to the Conference on Antarctica (Phleger) to the Deputy Under Secretary of State for Political Affairs (Merchant)¹

Washington, November 28, 1959.

The Heads of Delegations met at 10:30 A.M. today and the following proceedings were had:

The Soviet Delegate reported that he had received instructions from his government on the nuclear explosion Article. He said that he had been authorized to agree to the pending proposal in substance but desired to make some textual changes. He then presented the following text:

“1. Any nuclear explosions in Antarctica and the disposal there of radioactive waste material shall be prohibited.

“In the event of the conclusion of international agreements concerning the use of nuclear energy, including nuclear explosions and the disposal of radioactive waste material, to which all of the Contracting Parties whose representatives are entitled to participate in the meetings provided for under Article IX are parties, the rules established under such agreements shall apply in Antarctica.”

There was discussion as to the changes this text had over the earlier text and it was agreed that the only difference was that the new text would require the disposal elsewhere than in Antarctica of radioactive waste material produced in Antarctica.

The Soviet representative and all present agreed that the text contained no prohibition whatever of the peaceful use of nuclear material in Antarctica other than for explosions.

It was agreed that the U.S. could make a statement in the meeting of the Committee of the Whole that its agreement was given because it was considered to be clear that the Article contains no prohibition on the peaceful uses of nuclear material in Antarctica other than for explosions.

I stated, as did several others, that this new text must be referred to my government for approval.

It was then agreed that a meeting of the Committee of the Whole should be held at 2:30 on Monday afternoon, November 30,² in the hope that the final text of a treaty could then be approved; to be followed by a Plenary meeting at 10:30 on Tuesday morning, December 1, following which it was hoped that a treaty could be signed.

I am sending you a copy of the draft treaty³ as it will be presented to the Committee of the Whole on Monday afternoon and request that I receive your instructions as to whether I am authorized in behalf of the United States to agree to it.

1. Source: Department of State, Central Files, 399.829/11–2859. Confidential. Drafted and initialed by Phleger. On the first page of the source text is a marginal notation by Merchant which states that he had talked to Farley who agreed to the new text of the article on nuclear explosions.
2. No record of this meeting has been found.
3. A copy of the draft treaty is attached to a memorandum from Fisher to Phleger, dated November 28. (Department of State, Central Files, 399.829/11–2859) Also attached is a memorandum from Phleger to Herter recommending approval of the draft treaty. It was approved on November 30 by Secretary Herter.