Office of the Historian

420. Telegram From the Delegation to the Conference on the Law of the Sea to the Department of State1

Geneva, April 20, 1960—11 a.m.

1713. Law of Sea. With respect to position paper No. 4 on “Iceland and Other Special Situations”2 in order to reach agreement at the conference it may be necessary to work out some formula with Ecuador, Chile, El Salvador, Guatemala and Argentina which would recognize that there are special situations beyond 12 miles to be carefully defined other than those in which the coastal state is “overwhelmingly dependent” upon fishing both as a means of economic existence and [Page 796] as a means of supplying food to its population. Would attempt to have this carefully circumscribed and to have existence of such special situations determined by impartial tribunal on basis of evidence in accordance with defined terms. In view New Delhi telegram 93 setting forth position of India may be essential in order to obtain necessary “yes” votes to work this formula out in manner mutually satisfactory to Latin American countries [38 words not declassified].

Am constantly trying to protect fishing interests to the maximum consistent with achieving basic US objective. Fishing advisers have raised question as to extent my authority, and, since negotiations may have to be entered into on a relatively fast basis, would appreciate instructions.

Believe some such concessions essential to achieve basic Six plus Six formula, especially since both Latin Americans and Africans think some public gesture of their position must be made at the conference.

If we cannot obtain the necessary two-thirds, believe Garcia Robles (Mexico) and Tunkin (USSR) and Shukairy (Saudi Arabia) at last minute will move for nine-mile territorial sea or will move for adjournment of conference to New York in September or for 12-mile exclusive fisheries jurisdiction and for postponement any agreement on breadth territorial sea.

Believe with this negotiating freedom there is excellent chance of obtaining two-thirds, but if instructions are to be read strictly, believe my hands would be unduly tied.

  1. Source: Department of State, Central Files, 399.731/4–2060. Confidential. Received at 8:22 p.m.↩
  2. A copy of this paper, dated March 8, is attached to a memorandum from Wilcox to Herter, March 16. (Ibid., 399.731/3–1660)↩
  3. Repeated to the Department of State as telegram 3516, April 19. (Ibid., 399.731/4–1960)↩