129. Telegram From the Special Liaison Detachment Supporting the United States Delegation, Department of Defense, to the Special Security Office, Defense Intelligence Agency1
241. Subject: LOS Update.
1. (S) As you are aware, procedural arrangements were agreed to last week2 that would permit the United States to present its concerns in a positive, non-confrontational forum. Pursuant to this arrangement, on 13 August, Ambassador Malone presented, in fairly direct and specific terms, a list of eight major objections to the seabed regime contained in the present LOS text.3 As expected, initial reaction has been strongly negative among G–77 members and others primarily because they are finally beginning to realize that the U.S. is seriously questioning the fundamental principles upon which the previously negotiated regime is based. Up until now there was some residual hope that the U.S. was only posturing for tactical purposes.
2. (S) Although the situation is volatile, I continue to believe that precipitous action such as a final vote on the text can be avoided at this session. As a precautionary measure we are in the process of identifying states that would be likely to support the U.S. under the rules of procedure which provide for a ten-day cooling-off period prior to any substantive vote (a minimum of 15 states would have to join us in a motion to delay a vote). In this regard, Ambassador Malone strongly concurs with Dr. Ikle’s desire to obtain maximum support for a negative vote should the need arise.
3. (U) Mr. Koch’s visit was mutually beneficial.4 Through discussions with conference leaders, including President of the Conference H.E. Tommy Koh, Ambassador Augilar (Chairman of Committee II), [Page 391] and Ambassador Paul Engo (Chairman of Committee I), Mr. Koch was able to get a fairly accurate feeling for the dynamics of the session. At the same time, by Mr. Koch’s presence, conference leaders were given the signal that the Department of Defense is maintaining a high level interest in all national security aspects of the conference.
4. (C) If circumstances change, and it looks like we are headed for a “blowup” at this session, I will notify you immediately with damage control recommendations.
- Source: National Archives, RG 218, Jones Papers, Box 32, 546—Law of the Sea 18 Mar 81—11 May 82. Secret; Eyes Only. Sent to Ikle, Koch, Austin, and the Joint Chiefs of Staff. In an August 17 transmittal memorandum Lueders wrote, “RADM Harlow, DOD LOS Rep, provides update on Treaty negotiations. Situation volatile but not out of control.”↩
- See footnote 27, Document 126.↩
- In telegram 8215 from Geneva, August 13, USUN summarized Malone’s speech and provided an assessment of the reaction of other nations. (Department of State, Central Foreign Policy File, D810378–0618)↩
- Department of Defense representative Noel Koch.↩