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

159. Memorandum From the President’s Assistant for National Security Affairs (Clark) to President Reagan¹

Washington, undated

SUBJECT

• Law of the Sea Negotiations

Secretary Haig has forwarded an initial assessment of the subject negotiations (Tab A). He notes that we lost nothing outside the seabed provisions; the treaty will be opened for signature in December after the drafting work; we are pressing for completion of a Reciprocating States Agreement for seabed mining; and a full report will be submitted soon. (I have asked the Interagency Group for a report on where we go from here to protect our ocean interests by mid-June.) Haig’s memo also summarizes the vote on the treaty 130 for (including France and Japan), 4 against (US, Israel, Turkey and Venezuela), and 17 abstentions (including UK, FRG, Belgium, Italy, Netherlands, Spain, USSR, and other eastern countries).

Tab A

Memorandum From Secretary of State Haig to President Reagan²

Washington, May 5, 1982

SUBJECT

• Initial Assessment of the Law of the Sea Negotiations

The Eleventh Session of the Law of the Sea Conference ended on Friday, April 30.³ The US forced a vote on adoption of the text. The results were 130 in favor, four opposed (US, Israel, Turkey and Venezuela) and 17 abstentions (the Eastern European countries, except Romania, the UK, the FRG, Belgium, Italy, Luxembourg, the Netherlands, Spain and Thailand). Two allies, Japan and France, voted in favor of the treaty.

With regard to the future of the Reciprocating States Agreement, the abstentions of the Netherlands, the FRG, Italy, Belgium as well as the USSR are a favorable sign. We will immediately press for completion of that Agreement. Japan is interested in seabed mining. With the US out and others abstaining, Japan may conclude that it should sign the Treaty, hoping that the Treaty will prevail over a Reciprocating States Agreement and that this will give Japan an advantage. The French may have a similar view as well as other interests in staying with the G–77. However, the French should not be counted out of an eventual Reciprocating States Agreement.

The US lost nothing outside of the seabed provisions; the navigation, overflight and other issues remain intact.

During July and August, there will be drafting sessions to complete the technical review. During September 20–23, a Plenary Session will approve the drafting work. The treaty will be open for signature in Caracas in early December.

A full report will be prepared for you with recommendations on what action should be taken on the treaty and what steps are necessary to protect US oceans interests.⁴

1. Source: Reagan Library, Meese Files, Law of the Sea. Confidential. There is no indication Reagan saw the memorandum.
2. Confidential. There is no indication Reagan saw the memorandum.
3. See footnote 3, Document 157.
4. See Document 162.