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

414. Memorandum From the Legal Adviser (Hager) to the Secretary of State¹

Washington, April 13, 1960.

SUBJECT

• Law of the Sea Conference

I have just received a report over the telephone from Arthur Dean regarding the results of the voting in the Committee of the Whole, which began at 9 a.m. this morning, Washington time.²

12-mile Proposals.

The Mexican and Soviet 12-mile proposals had been withdrawn before the voting commenced. The sole remaining 12-mile proposal, sponsored by 18 African, Asian and Latin American nations, was defeated by a vote of 36 for, 39 against, and 13 abstaining.

Special Icelandic Situation.

An Icelandic proposal which would give States overwhelmingly dependent on nearby fisheries additional rights outside the 12-mile zone was adopted by a vote of 31 in favor, 11 against, and 46 abstaining.

Amendments to US-Canadian Proposal.

Argentina withdrew that portion of her amendment to the US-Canadian proposal which would have required a nation to have fished in the outer 6-mile zone for an uninterrupted period of 30 years (instead of 5 years as in the US-Canadian proposal), in order to be eligible to continue fishing during the 10-year phase-out period. Argentina did not, however, withdraw that part of her amendment which would have given the coastal State preferential fishing rights in the high seas adjacent to its exclusive fishing zone. This amendment was therefore put to a vote, and was defeated.

US-Canadian Proposal.

The US-Canadian proposal was then adopted by the Committee of the Whole with a vote of 43 in favor, 33 against, and 12 abstentions.

Submissions to Plenary.

The US-Canadian proposal will therefore be the only territorial sea proposal to be recommended by the Committee to the plenary session. The defeated 12-mile proposal may not be submitted to the plenary session by any nation without the prior approval of a ⅔s vote in plenary. However, any other territorial sea proposal may be submitted to the plenary session without any such prior approval, provided it differs sufficiently in substance from the defeated 12-mile proposal so as to constitute a new proposal in substance.

Recess.

The Conference has recessed until 10:30 a.m. Tuesday, April 19, at which time the plenary session will commence.

Prospects.

Arthur Dean advises that he hopes that 10 of the nations which abstained from the vote on the US-Canadian proposal will favor it. Belgium, France and Sweden all abstained in Committee but have promised to vote in favor of our US-Canadian proposal in the plenary session. Dean also hopes that 6 of the nations which voted against the US-Canadian proposal can be persuaded at least to abstain in plenary, and if possible to vote in favor.

89 nations are attending the Conference, although only 88 seem to have been present at the voting today. Mathematically, we must obtain 60 votes for a ⅔ majority if all nations vote one way or the other, less ⅔ of a vote for every nation which abstains.

1. Source: Department of State, Central Files, 399.731/4–1360. Drafted and initialed by Hager and also sent to the Under Secretary. Initialed by Herter.
2. For a summary of the discussion and voting in the Committee of the Whole on April 13, see U.N. doc. ACONF.19/8, pp. 144–155. The U.S. Delegation transmitted a record of the voting and an explanation of the votes of “more than routine interest” in telegram 1662 from Geneva, April 13. (Department of State, Central Files, 399.731/4–1360)