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

370. Telegram From the Department of State to the Delegation to the Conference of the Law of the Sea¹

Washington, April 21, 1958—11:30 p.m.

1218. Law of Sea. Urtels 1208, 1209, 1213.²

1. Appreciate greatly your careful and thorough analysis of underlying factors influencing work of Conference. This most helpful in understanding situation. Delighted with general reaction other Dels.

2. Agree you should reintroduce our compromise proposal in plenary (unless it goes there by virtue favorable vote on reintroduction in committee suggested ur 1224³) as best means having rallying point for opposition to other proposals and as only genuine compromise.

3. Agree you should not compromise further, but seek defeat and prevention majority vote for flat 12, flexible 3–12, and 6 plus 6 without historic fishing rights. Lack of agreement is preferable alternative to these.

4. You should by all means seek defeat and prevention majority vote for second half Canadian proposal (12 mile fishing zone without historic rights).

5. If there is simple majority for any proposal to which we are opposed, or if no proposal receives majority, you should orally make clear this is not Conference agreement and that United States stands on statement made in Committee One quoted ur 1208 that 3 mile limit is rule of international law in absence international agreement to contrary. However, do not believe desirable formalize as British suggest. Such document would stand chance only handful signatures, and if anything would tend support argument majority nations do not agree. Also might inspire similar documents by 12 milers who could probably obtain many more signatures.

6. If, in spite your efforts, undesirable proposal receives two-thirds you should report full details to Department and await instructions. Suggest telephone as well as cable.

7. Do not favor any move looking to adjournment for period time or new Conference. Positions would harden and our task become more difficult. Suggest you work for mere report of failure to agree on width territorial sea and close-in fishing rights.

8. Department soliciting support positions above paras 2 and 3 along lines suggested your 1213.

Herter

1. Source: Department of State, Central Files, 399.731/4–2158. Confidential; Priority. Drafted and approved by Raymond who signed for Herter and cleared in substance with Herter, Bacon, Hawley, Looney, Luboeansky, Admiral Ward, EUR, and NEA.
2. Telegram 1209 is supra. Telegram 1208, April 21, summarized Dean’s statement made in the First Committee on April 19 and stated that the U.S. objective should now be to prevent any conference conclusion and, if possible, prevent even a simple majority vote for extension of the territorial sea. (Department of State, Central Files, 399.731/4–2158) Telegram 1213, April 21, summarized the approach that should be made to the European, Latin American, Middle East and African, and Far Eastern states in support of the U.S. position. (Ibid.)
3. Dated April 21. (Ibid.)