890D.00/8–2547: Telegram

The Acting Secretary of State to the Legation in Saudi Arabia

secret

254. Department concurs with views expressed by you during conversation Deputy Foreign Minister (355, Aug 25). Replies to questions raised therein will be forthcoming as soon as complete facts received from other Arab capitals regarding Abdullah’s latest move.

Re reference of question by SAG to UN Security Council, Dept believes that you might, at appropriate occasion, point out to Deputy [Page 757] Foreign Minister that U.S. has always believed that each member nation of UN should determine for itself, without influence from other members, whether it should bring a matter to SC attention. However, U.S. also believes that parties to any dispute (the continuance of which is likely to endanger maintenance of international peace and security) should give due attention to provisions of Art 33, UN Charter, which provides that they should first of all seek solution by negotiation, etc. Although U.S. has not construed this art. to mean that parties should exhaust all methods enumerated in Art 33, nevertheless, it has felt that disputants should make concerted effort to reach settlement of dispute by means of at least one of methods specified in this art. before resorting to SC.

It should be noted that Art. 33 applies to disputes the continuance of which are likely to endanger maintenance of international peace and security. Art. 38 of Charter provides that “without prejudice to the provisions of Arts. 33 to 37 the SC may, if all the parties to any dispute so request, make recommendations to the parties with a view to a pacific settlement of the dispute”. Accordingly, if dispute develops between SAG and Transjordan, and they agree to do so, they could request SC to make recommendations to settle dispute, regardless whether it is likely to endanger maintenance of international peace and security or not.

Lovett