147. Night Note to President Reagan1
LAW OF THE SEA CONFERENCE: STATUS REPORT
The United States’ amendments fully reflecting your objectives have been widely read and analyzed.2 The G–77 have rejected them as a basis for negotiating.
The President of the Conference has fostered a group of 11 non-G–77 countries to draw up compromise proposals.3 These proposals show some encouraging movement towards the U.S. position in some areas—guaranteed U.S. Council seat, technology transfer, and a system of awarding mining contracts—covered by our amendments but omit many of the key issues.
We have said these proposals cannot be considered as an exhaustive agenda of the issues for negotiation, and therefore do not form the basis for renegotiation of Part XI.
A key leader of the G–774 has made the following points: (1) they are moving to formalize the treaty text in about ten days; (2) they believe they are better off adopting the convention even if the U.S. and its allies stay out since they will then at least have a convention, which will stifle deep seabed mining investment and the West will be forced to negotiate with the G–77 again in the future; (3) they regard this as preferable to reaching an accommodation with the U.S. now which would require major sacrifices of principles; (4) they had hoped the U.S. would allow its allies to negotiate reasonable amendments so as to enable a future U.S. administration to accede. Whether these points were made for tactical purposes or whether they fairly reflect the substantive position of the G–77 is not clear.
We are making every effort possible to get G–77 agreement to an agenda for negotiations which would include all of your objectives. [Page 439] Even with an acceptable agenda, achieving your six objectives will be extremely difficult.
The allies are still the key to our success at the conference. They are supporting our efforts to obtain an acceptable agenda. It is not clear, however, how long and how strongly they will continue to support us. The intensity of their support will be tested shortly.
In any event, it is likely negotiations will occur only in an eleventh hour brinkesmanship atmosphere. In view of the dynamics of the situation, it is important that the U.S. be able to move quickly in response to any demonstrated flexibility of the G–77.
- Source: Department of State, Marine Law and Policy Division, Subject and Country Files, Law of the Sea, 1982–1983, Lot 85D105, Law of the Sea—4. Secret. Drafted by the U.S. Law of the Sea Delegation and approved by Malone on March 22. There is no indication Reagan saw this document.↩
- See Document 140.↩
- In telegram 75114 to the Naval Station in Charleston, South Carolina, March 20, the Department reported that the U.S. amendments had been rejected and that 11 nations were drafting compromise proposals—Australia, Canada, New Zealand, Norway, Denmark, Sweden, Finland, Iceland, Ireland, Austria, and the Netherlands. (Department of State, Central Foreign Policy File, D820150–0261)↩
- Not further identified.↩