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

99. Memorandum From the Assistant Secretary of State for International Organization Affairs (Wilcox) to the Secretary of State¹

Washington, October 12, 1959.

SUBJECT

• Your Meeting October 13 with Senator Clark on Charter Review

Discussion

Senator Clark in a letter to you of August 24, 1959 (Tab A)² expressed the hope that he and certain of his colleagues might have the opportunity of discussing the problem of United Nations Charter review with you at your convenience. The Senator also urged 1) that the United States support a recommendation to the Fourteenth General Assembly by the General Assembly Committee on Arrangements for a Charter Review Conference that the Committee be continued in being and requested to report again not later than the Sixteenth General Assembly; and 2) that the Policy Planning Staff undertake a study of the problem of Charter review, taking as its starting point “World Peace through World Law” by Grenville Clark and Louis Sohn (Tab B). In your absence Mr. Murphy replied to the Senator’s letter pointing out 1) that a recommendation to the General Assembly of the kind advocated by the Senator was made by the Committee on Arrangements on September 3 with the support of the vast majority of its members, including the United States, and 2) that the Department has given thorough and continuing study to the problem of Charter review, including such proposals as those advanced by Grenville Clark and Louis Sohn. (Tab C)

Senator Clark is a proponent of “enforceable world law” has two concurrent resolutions before the Senate (S. Con. Res. 52 and 25) looking toward the revision of the United Nations Charter to this end (Tab D). The second resolution is a modification of the first, and the Department has commented unfavorably on both (Tab E). Senator Clark has been joined by some twenty other Senators in co-sponsoring the second of these resolutions and about the same number of identical resolutions are before the House (Tab F). These resolutions have the backing of the United World Federalists and the World Association of Parliamentarians for World Government, and stem from the Clark-Sohn book “World Peace Through World Law”. This book presents a detailed plan for complete and universal national disarmament, and the establishment of a world police force under the authority of a world organization having the attributes of a superstate.

I have myself endeavored to persuade Senator Clark that proposals of this nature are not realistic in the foreseeable future. I found him, while not unreasonable in his general attitude, dedicated to the “world government” concept, and I seriously doubt that he can be otherwise persuaded. However, he has been most anxious to discuss the matter with you and I would hope such a discussion may at least serve to convince the Senator that 1) the Department is sympathetic with his objectives; 2) continues to favor the holding of a Charter review conference when, in the view of a substantial majority of UN members, international circumstances are conducive to constructive review; and 3) has under continuous consideration what it is feasible to do toward strengthening the United Nations in the present circumstances. At the same time care must be taken to avoid encouraging the Senator in his belief that any study by the Policy Planning Staff or by a specially appointed study group (as proposed in S. Con. Res. 52 and 25) or any Charter review conference within the foreseeable future would result in any endorsement or acceptance of the Clark-Sohn proposals.

Recommendation

That you indicate to Senator Clark and his colleagues 1) that the Department fully shares the concern reflected in his concurrent resolutions; 2) that the United States continues to favor the holding of a review conference as soon as circumstances appear auspicious and will support favorable General Assembly action on the recommendation of the Committee on Arrangements for a Charter Review Conference that it be continued in being to report again not later than the Sixteenth General Assembly (1961); and 3) that the Department has given, and will continue to give, continuing study to the problem of Charter review, including proposals such as those advanced by Grenville Clark and Louis Sohn.

You may wish to note in passing that the Clark-Sohn proposals were most recently again reviewed by the Department in connection with the Khrushchev proposal for total disarmament. However, it remains our conviction that there is no chance in the present international climate of such proposals as these, involving a very substantial relinquishment of national sovereignty, gaining the broad international acceptance that would be required to make them effective and thus to enable them adequately to protect the United States national interest.

You may also wish to point out that Department has already available a comprehensive series of basic studies relating to Charter review. It is our belief that further systematic work of this nature, over and above the day-to-day consideration given this general problem in relation to specific questions as they arise, can most profitably be undertaken when opinion among the United Nations membership generally appears favorable to setting a definite date for a review conference.³

1. Source: Department of State, Central Files, 310.1/10–1259. Official Use Only. Drafted by Hartley on October 7, initialed by Sisco, sent to Herter through Calhoun, and initialed by Herter. Concurred in by Macomber, Hager, and Smith.
2. None of the tabs is attached. A copy of Tab C is ibid., 310.1/8–2459. The May letter from Macomber to Fulbright listed under Tab E is ibid., 310.1/5–759; the August 5 letter listed under Tab E and the other tabs have not been found.
3. Herter met with Senators Clark and Javits at 4:30 p.m., October 13, to discuss repeal of the Connally amendment. Regarding this amendment, see Document 59. A memorandum of this conversation is in Department of State, Central Files, 310.1/10–1359. Further documentation on proposals to promote the rule of law through U.N. Charter review is ibid., 301, 302, 310.1, and L Files: Lot 69 D 306, LCM Chronological, 1959 and 1960.