341. Telegram From the Delegation to the Conference on the Law of the Sea to the Department of State1
836. Law of Sea. Believe Dept should have our present appraisal situation which follows:
In view of undersigned and principal advisers, while Ecuador proposal in Committee II to defer consideration Articles 1–3 and 66 to end (proposal quite likely of approval next week at beginning second stage committee work), will give US slight margin for an attempt work out compromise acceptable US on territorial sea issue, situation already beginning shape up in which time may run against us.
My statement in First Committee yesterday2 appears to have had effect of showing up argumentation for three-mile rule but at same time leaving general impression we willing examine sympathetically problems it creates for individual states, with view to exploring possibilities for accommodations to meet special needs. A slightly more hopeful sentiment re possibility conference success this all important issue is in evidence and a number of delegates have approached me to ask whether Canadian proposal would not provide basis for conference agreement. Unfortunately Drew slipped on ice and broke a rib and cannot speak until early next week.
Lack of info from Canadian Del and enigma created by UK attitude generate uncertainty and much speculation which we are not in position to combat with definite program. In this situation anything can happen but unless a workable concrete formula can be developed soon and real leadership given to it situation may develop to our disadvantage. Our position will be really hurt if Canadians delay until after March 31 and UK delays decision on accepting Canadian proposal indefinitely.
We concerned at continued indication in UKDel of hope somehow agreement might first be reached re conservation and fisheries which would then facilitate agreement on territorial sea. We believe this is wishful thinking and longer UK postpones facing up to hard decision the more difficult it will be to keep those who want to help us in line. If no definitive Canadian proposal early next week believe Soviets or Indians may offer support Article 3(2) ILC draft, flexibility of which has great appeal and will be hard to offset without concrete proposal satisfactory to US.