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

389. Memorandum From the Deputy Special Assistant for Law of the Sea Matters (Arneson) to the Under Secretary of State (Dillon)¹

Washington, February 1, 1960.

SUBJECT

• Status Report: Law of the Sea Conference, March 17, 1960

Following the Secretary’s decision at a meeting on November 25, 1959² that the United States should support the proposal developed at the London meeting called “Alternative B” (6-mile territorial sea plus 6-mile fishing zone in which limited historic rights would be terminated in X years) and press for its adoption, all posts were given instructions (CA–5340, December 31, 1959—Tab A³) designed to accomplish this objective. For tactical reasons posts in most countries were instructed to emphasize the United States’ strong preference for Alternative A, urging that country delegations be given Conference instructions flexible enough to permit voting for Alternatives A or B, however, as the only proposals likely to garner the requisite two-thirds majority.

Plans have been made to have the territorial sea and fishing limits issues discussed in the NAC to stress the security importance of maintaining a narrow (6-mile) territorial sea and the necessity for compromise among NATO members on the fishing issue to achieve this overriding objective. Meanwhile, the British Cabinet has decided Alternate A (6 plus 6 with limited historic fishing rights in perpetuity) has no realistic chance of adoption and has authorized a UK initiative with the Western European fishing states urging an affirmative decision now to support Alternate B early in the Conference if necessary. Pending the outcome of this initiative, now in progress, NAC consideration has been postponed and we have instructed our posts in these capitals to support the UK approach (Tab B⁴).

The UK and Iceland have privately accepted the good offices of Spaak and Lange⁵ in an attempt to find a modus vivendi to tranquilize the UK-Icelandic dispute prior to the Conference, without prejudice to respective legal or other rights.

Arthur Dean, Arthur Richards, Admiral Kivette (Commander, Seventh Fleet) and an Interior representative are now in the Far East urging the support of Indonesia, the Philippines, China, Korea and Japan for the US position. Mr. Herrington is scheduled to visit six northern and eastern European (Poland, Yugoslavia) countries within the next two weeks for the same purpose.

Canada continues to campaign vigorously for its 6 plus straight 6 proposal and has published and distributed a pamphlet supporting this proposal, under the signature of Mr. Green. There have been indications received recently that India may decide to support the Mexican flexible 3–12 formula. It is reported Krishna Menon is strongly urging this course. The Indian Cabinet is to consider the matter imminently. Both of these proposals continue likely to have sufficient Latin American, African and Asian support to prevent adoption of other proposals including Alternate B.

The prospects of success at the Conference are so precarious that it probably will be necessary to undertake extraordinary measures, including unusually strong diplomatic representations in countries with extremist positions, if US objectives at the Conference are to be realized. Subject to developments over the next few weeks, it may well be necessary to propose that the Secretary give consideration to the question whether our Delegation will need to have, as a precautionary measure, instructions broad enough to permit US support for the Canadian proposal as the means for securing Conference adoption of a 6-mile territorial sea.

1. Source: Department of State, Central Files, 399.731/2–160. Secret. Drafted by Wright.
2. No record of this meeting has been found.
3. Supra.
4. Circular 964, January 28, reported on the British switch to Alternative B and also that the United States concurred in the change and instructed seven European posts to concert with their British counterparts on approaches to their host countries. (Department of State, Central Files, 399.73/2–160)
5. Paul-Henri Spaak, NATO Secretary-General, and Halvard Lange, Norwegian Foreign Minister.