416. Letter From the Secretary of Defense (Gates) to the Secretary of State1
Dear Mr. Secretary: The probabilities of a failure of the present Law of the Sea Conference to adopt a territorial sea limit are significant. The United States Delegation has been instructed to support only [Page 792] proposals which will provide for breadth of territorial seas of not more than six miles. Although it is uncertain that the United States will be able to muster sufficient support among other nations to achieve its. goal, it is reasonably certain that sufficient support is available to prevent any greater limit than six miles from being adopted.
The 1958 Conference having failed to adopt any territorial sea limit, Ambassador Dean made the following remarks, as part of his closing address:
“Furthermore we have made it clear that in our view there is no obligation on the part of states adhering to the 3-mile rule to recognize claims on the part of other states to a greater breadth of territorial sea. And on that we stand.”
The 1958 Conference ended with a resolution recommending to the UN that a second conference (the present one) be convened in an attempt to establish a territorial sea limit and resolve fishing rights acceptable to a majority of the nations. The present conference, quite probably, will not produce another such resolution, if it fails to resolve these issues.
Therefore, it is, in our opinion, necessary that the United States be prepared to make a firm announcement of its views and understanding that the territorial sea limit remains at three miles under established international law until such time as a change is brought about in the governing rules of international law.
Accordingly, we recommend that preparation of such a statement be instituted now, with a view to having it available for immediate promulgation in the event of Conference failure.
Sincerely yours,
- Source: Department of State, Central Files, 399.731/4–1560. Confidential. Attached to the source text was a short reply from Herter, dated April 21, which stated that Dean’s instructions allowed him to make such a statement if the vote went against the United States.↩