376. Memorandum of a Conversation, Department of State, Washington, March 16, 19591

SUBJECT

  • Meeting on Further Talks with Other Countries on Law of the Sea

PARTICIPANTS

  • Defense—Adm. Chester Ward, USN
  • Defense—Capt. Leonard Hardy, USN
  • Defense—Capt. Rafael Benitez, USN
  • Defense—Cmdr. James Doyle, USN
  • Interior—Mr. Wm. M. Terry
  • L—Mr. Becker
  • L/SFP—Mr. Yingling
  • U/FW—Mr. Herrington
  • U/FW—Mr. Taylor
  • U/LS—Mr. Wright
  • U/LS—Mr. Richards

A meeting in Mr. Richards’ office was called Monday, March 16 at 10:30 a.m. for the purpose of considering the order and timing of further talks with other countries within the next two to three-month period. It was agreed at the outset of the meeting that, to judge by the response to the recently completed trip in Latin America,2 talks with other countries gave promise of being extremely helpful and should be [Page 720] pursued as soon as feasible. Specific countries that might be visited and the views expressed by those at the meeting concerning the desirability and timing of talks with those countries were, briefly, as follows:

Canada: After noting the unsatisfactory outcome of recent UK-Canadian talks,3 those present agreed that in view of the UK intention to follow up with additional talks during the visit of Prime Minister Macmillan, any US approach to Canada was unnecessary for the time being. The view was generally expressed that in any case there was little prospect of Canadian support for a US-UK proposal until the Canadians became convinced that such a proposal had a good chance of succeeding at the Conference. It was suggested that Mr. Arthur Dean might consider discussing the matter with Prime Minister Diefenbaker on the basis of their personal friendship.

United Kingdom: The agreement in London last December that US and UK representatives would meet again in March or April to discuss the results of talks with other governments was recalled. It was agreed a further meeting with the UK, though desirable, would not be particularly useful until the UK had completed talks with other countries in addition to Canada.

Norway: There appeared to be no immediate urgency for talks with Norway. Such talks would not be particularly productive, it was felt by Mr. Yingling, until, as with Canada, we could show sufficient support for a less-than-exclusive 12-mile fishing formula to overcome their belief that only a straight 12-mile fishing formula has a chance of winning.

Mexico: Several present at the meeting had not yet received the text of the Mexican Memorandum denying the existence of any understanding in the UN, informal or otherwise, that unilateral action should not be taken prior to the Conference.4 The consensus of the meeting was that in view of this complicating factor the question of talks with Mexico would need special study. Capt. Benitez suggested that the possibilities of working with Robles had not been fully exploited.

Other Latin American Countries: Approaches reasonably soon to the remaining Latin American countries were desirable, it was agreed, including Chile, Ecuador and Peru. Mr. Yingling felt there was some possibility of a favorable response in Chile if the US presentation were made on a Soviet-bloc-versus-free-world basis and stated he had recently received information to this effect. Special care, it was agreed, would have to be given to the best method of approaching Venezuela.

[Page 721]

April SEATO Meeting: It was agreed it would be desirable to support an Australian initiative to approach SEATO countries in good time. The US would not raise Law of the Sea in the SEATO meeting in April. The Navy representatives thought advantage could be taken of large-scale sea exercises planned during the April meeting to make a pitch for the need to keep free world sea power maneuverable. In response to Mr. Richards’ request this be done, Capt. Hardy replied he anticipated there would be no difficulty as previous demonstrations in the area had been used for this also.

Australia: With the Australians apparently eager to make independent approaches to South Asian countries, the Navy is cooperating with their military by supplying territorial sea material. It was agreed however that it was desirable the Australians be fully briefed on the problems connected with a compromise fishing rights formula so that their activities would not inadvertently be embarrassing to us. Mr. Richards reported the UK intends to consult with New Zealand and Australia, apparently in the next few days, but suggested that it might be desirable in any case that we talk to the Australians also. Mr. Herrington particularly thought this would be wise.

The Arab States: There was no consensus of feeling among those at the meeting concerning the question of talks with various Arab states. Mr. Herrington expressed the view we had everything to gain by such talks, and Capt. Hardy and others felt we certainly had nothing to lose by them. Mr. Becker and others believed that such talks would necessarily fail as we had nothing to offer the Arabs. The subject was not pursued.

Visit of King Hussein: Since Jordan is the Arab state most likely to support us, if any do, it was agreed King Hussein’s visit next week should be utilized to advantage. At Mr. Becker’s suggestion, Mr. Becker and Mr. Richards agreed they would bring the matter personally before Governor Herter.

Iran: Mr. Yingling stated that in his opinion talks with Iran should be held but that they could be deferred until later. Mr. Terry’s opinion was that talks with Iran would definitely be helpful, that greater and certainly smoother cooperation could have been secured from Iran at the last Conference had there been prior consultations with the Iranians on fishery matters.

Philippines, India and South Asia: There was general agreement it was important a US (as well as an Australian) team visit this area, that in fact, while encouraging others to be active we could not afford to rely on their efforts. The importance of assuring Indian support in particular was recognized by all present.

Timing and Details of Talks: The advantages in a 3-member team seemed apparent and in fact it was agreed any other composition seemed undesirable. Mr. Richards stressed the importance during future [Page 722] talks of having someone of Capt. Benítez’s rank, ability and experience representing Defense. Mr. Taylor stated that the last two weeks of April would be “impossible” for Mr. Herrington (who had previously left the meeting) because of negotiations with Canada which were scheduled for then. Mr. Terry stated he would also be tied up during the Canadian talks but there was some possibility he might get away for part of that time. It was agreed that further talks should be undertaken as soon as feasible, but that this might mean after May 1 in view of the short time remaining before Mr. Herrington’s and Mr. Terry’s commitments.

  1. Source: Department of State, Central Files, 399.731/3–1659. Confidential. Drafted by Wright and Richards on March 23.
  2. Richards, Herrington, and Benitez visited seven Latin American countries, February 10–March 5. A summary of the results of their visit was transmitted to all Latin American posts as an enclosure to circular airgram 8033, March 20. (Ibid., 399.731/3–2059)
  3. These talks took place in Ottawa, February 4–5.
  4. No copy of this memorandum has been found, but telegram 827 from USUN, March 27, dates it March 11, 1959, and gives a summary of its contents and the reasons behind its transmission. (Department of State, Central Files, 399.731/3–2759)