Foreign Relations of the United States, 1981–1988, Volume XLI, Global Issues II

134. Memorandum From the Director of the Office of Policy Development, Executive Office of the President (Gray) to the Counsellor to the President (Meese)¹

Washington, December 21, 1981

SUBJECT

• Law of the Sea Review

The Office of Policy Development favors United States withdrawal from the Law of the Sea negotiations.

Our most serious problems come with the International Regime which it would create to strictly regulate seabed mining.

Doug Bandow of the OPD staff has represented us through months of review of this issue.² On the basis of his analysis, we do not believe that developing countries are prepared to make the concessions necessary to make the treaty acceptable.

Going back into negotiations and gaining concessions—however inadequate they may be—will lead to a major increase in political pressure on the United States to sign. Going back also would substantially decrease the likelihood that any of our allies will join the U.S. in refusing to sign the treaty.

Going back does offer a better chance of preventing retaliation against the navigational articles in the treaty, which we find minimally acceptable, and it provides an opportunity to cause some problems and delays. However, we do not believe that either of these concerns outweighs the huge potential cost of being forced into signing a seriously flawed treaty.

To return to the negotiations would place the U.S. in the position of leading a rather small band of countries against what will almost certainly be a large majority advocating the “responsible” alternative of returning.

We know of no U.S. agency advocating outright signature of the treaty.

Certainly, returning to the conference is the easiest in the short run. Where, however, will that leave the U.S. in the end?

We believe that among the range of very hard choices, the best choice is to make the hard choice now—to withdraw.

1. Source: Reagan Library, Bandow Files, [LOS: December 1981]. Unclassified. The classified attachments to this document have not been found.
2. In an unsigned December 11 memorandum to Anderson and Gray, Bandow wrote: “I believe that withdrawal is the best option, but it would obviously take a real fight, and I don’t know what your time commitments and priorities are.” (Reagan Library, Meese Files, Law of the Sea)