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

374. Memorandum for the Files¹

Washington, November 21, 1958.

SUBJECT

• U.S. Position at the Second Conference on the Law of the Sea

At a meeting in Mr. Becker’s office Friday, November 21, 1958 attended by:

L-Mr. Becker

U/LS-Mr. Richards

L/SFP-Mr. Yingling

U/FW-Mr. Herrington

Interior-Mr. Terry

U/FW-Mr. Taylor

BNA-Mr. Mayer

EUR-Mr. Nunley

Defense-Cmdr. Doyle

U/LS-Mr. Wright

agreement was reached on the following points and courses of action:

1. The Icelandic-UK fisheries dispute affects preparation of the U.S. position in these respects:

a. attempt should be made to accommodate Iceland’s interests in the final U.S. position sufficiently to prevent an Icelandic break with NATO and/or giving any serious boost to the Icelandic Communist Party, the power of which has grown to threatening proportions,

b. to avoid prejudicing current moves to bring the UK and Iceland together in a settlement of the dispute, talks with selected countries preparatory to the Second Law of the Sea Conference should be conducted in such a manner as to avoid causing indirect effects on the disputants,

c. any general formula arrived at at the conference will have to make exception for the Icelandic settlement or, alternatively, any preconference Icelandic settlement will probably have to be provisional or subject to an option to revise depending upon the outcome of the conference.

2. [paragraph (7 lines of source text) not declassified]

3. Although for tactical reasons it might be desirable initially to propose a three-mile territorial sea, the three-mile territorial sea has no chance whatsoever of success at the conference and a serious effort to push it would be harmful. Whether a three-mile proposal should even be used tactically is doubtful. Consultation with the UK and others should precede a final decision on this question.

4. As a practical matter, a 6-plus-6 formula offers the only hope for successfully staving off a general twelve-mile territorial sea rule and in pre-conference preparations effort should be directed toward developing a formula for outer-6-mile fishery jurisdiction which can command two-thirds support. The forthcoming talks in London and on the continent should be directed to this goal.

5. With an extension of the territorial sea to six miles the problem of overflight rights above several important straits arises. It is probably desirable that discussion of this issue be avoided at the conference, but since it may be raised by other countries a well-prepared U.S. position is necessary. [1 sentence (25 words) not declassified]

6. Any agreement with the UK in respect to the pre-conference and conference selling job should not preclude U.S. discussions wherever the U.S. may choose. The U.S. will undoubtedly have to take responsibility for lining up most or all of Latin American support, while the UK should probably concentrate on Western Europe and the Commonwealth. However, neither should be precluded from contacts generally.

7. Care should be taken to encourage designation of well-selected and pre-instructed delegations from those friendly nations which should have cooperated with the U.S. at the last conference but did not, e.g., the Philippines and Korea.

1. Source: Department of State, Central Files, 399.731/11–2158. Confidential. Drafted by Wright on November 24 and copies sent to Becker, Yingling, Herrington, Admiral Ward, Nunley, and Terry.