Foreign Relations of the United States, 1961–1963, Volume XXV, Organization of Foreign Policy; Information Policy; United Nations; Scientific Matters

430. Memorandum From the Deputy Legal Adviser of the Department of State (Meeker) to Secretary of State Rusk¹

Washington, October 8, 1963.

SUBJECT

• Status of Discussions with Soviets on Outer Space Legal Questions

In the last two weeks, we have had five meetings with the Soviet Delegation in New York to discuss outer space legal questions, on which previously no progress had been made in the United Nations because of Soviet intransigence.² The meetings have been held to pursue further (1) a set of suggestions advanced by the United States in a memorandum handed to Ambassador Fedorenko on July 26, 1963, and (2) an aide-memoire received from the Soviets on September 9.

For the first time in the nearly two years of international discussion of outer space legal questions, the Soviets have seemed affirmatively interested in arriving at a meeting of minds with us. Our recent talks have gone well. At the end of this morning’s session, Ambassador Morozov said he planned to refer unagreed points to Foreign Minister Gromyko, and he said he assumed that we on our side would be reporting to you. This memorandum is written to summarize the negotiating situation, in case Gromyko should raise the subject.

1. The Soviets have sought a treaty or international agreement setting forth principles of outer space law. We have argued strongly for a General Assembly resolution, following the pattern of General Assembly resolution 1721 (XVI). The question of form of declaration remains an issue with the Soviets, but they have intimated probable acceptance of General Assembly resolution form if the United States would make an appropriate statement on the character and effect of legal principles in a resolution voted unanimously by the Assembly. The text of a statement authorized by the Department for this purpose is given at Tab A.³ We have not shown this text to the Soviets.

We recommend that you maintain our position in favor of a General Assembly resolution, with appropriate accompanying statements in the Assembly.

2. The text of a declaration setting forth legal principles in resolution form is largely agreed. The current United States draft is given at Tab B. A few significant differences remain:

a. Operative paragraph 6 in Tab B gives the United States position on the subject of “interference” and “harmful experiments”. The Soviet proposal on this subject appears as operative paragraph 6 in their draft (Tab C). The Soviet position is entirely unrealistic and unacceptable as it would purport to give a veto to any of the more than 100 States around the world over any space project which the Unites States, the USSR, or another country might be contemplating. We have let the Soviets know that their proposal is non-negotiable, and have indicated that our suggested paragraph 6 (Tab B) is as far as we are prepared to go.

We recommend that you maintain this position.

b. The Soviets have pressed to insert the words “sovereign rights of” before the words “jurisdiction and control” in operative paragraph 7 of the US draft (Tab B). There is not an essential difference of meaning between the Soviet formulation and our own, but we have resisted the inclusion of a reference to sovereignty on the ground that this is inappropriate to a declaration of outer space legal principles and is not in conformity with the analogous provisions in the Antarctic Treaty and the Convention on the High Seas.

We recommend that on this point you indicate simply that it should be possible to work out some appropriate language. (We can accept the Soviet formulation if necessary.) c. Throughout our recent discussions the Soviets have referred in a perfunctory way, from time to time, to the necessity of including in the declaration a provision banning reconnaissance satellites. We have stated flatly that we would not accept any such provision, and there has been no serious discussion of the subject. While the Soviets have not conceded on this, we think they will probably agree to a declaration which says nothing about the use of observation satellites.

In any event, we recommend that you dismiss summarily any suggestion by Gromyko that some compromise should be sought in this area.

3. We have agreed with the Soviets on the desirability of treating the current series of discussions as confidential for the present. We have, of course, made it plain that any text which our two delegations might come together on would next have to be submitted for consideration by the other members of the United Nations Outer Space Committee and the General Assembly as a whole. We plan in the next few days to brief a few selected delegations in New York, on a confidential basis, concerning the general course of the bilateral talks we have been having with the Soviets.

1. Source: National Archives and Records Administration, RG 59, Central Files 1960–63, SP 5 UN. Confidential.
2. The U.S. position paper for negotiations with the Soviets on legal problems of outer space was transmitted in airgram A–91 to USUN, September 24. (Ibid., SP 6 UN)
3. Tabs A–C are not printed. This draft statement in Tab A reads: “The legal principles set forth in this resolution clearly reflect international law as it is accepted by the Members of the United Nations. The United States, for its part, will respect those principles in the same way as the United States respects international law generally. We hope that the conduct which the resolution commends to nations in the exploration of outer space will become the practice of all nations.”