501.BB/9–2749: Telegram
The Acting Secretary of State to the United States Representative at the United Nations (Austin)
Gadel 16. For Jessup. Re Delga 26.
- 1.
- Dept agrees that on admission of item to agenda US shld avoid being drawn into debate on merits and will leave to GADel discretion re Comite allocation. Dept wld prefer not give item precedence over ItCols and leave your discretion whether you so indicate to Tsiang, but agrees that if Ch urge priority US should support but not press for its prior consideration.
- 2.
- Dept shares your feeling of importance US taking clear line with other Dels as soon as item is placed on agenda. Communication our position to other Dels by end of week desirable in order help avoid any implication that the above position on precedence of the item reflects greater support for Chinese or hope for effective action than is actually the case.
- 3.
- Dept agrees your views reftel that US position shld be to favor recommendation that parties refer legal issues to ICJ and favor resolution embodying principles Nine Power Treaty. We are encouraged by indications from your talk with Tsiang Sept 23 that he might be content with such resolutions as the principal action which GA wld take. Whether we wld support finding of Sov violations wld depend on (a) extent to which such finding by GA wld be prior determination of issues to be put before ICJ, and (b) strength of evidence presented by Chinese. We will continue to oppose as inappropriate and probably impossible of attainment GA recommendation of aid to Nationalists or nonrecognition of Commie regime. Ee possible reference in GA resolution to giving jurisdiction of case to IC, Dept feels this wld be unwise and ineffective and wld create greater likelihood that case wld again be brought up in future. Further, Dept agrees with your comment re risk of involvement of such proposal in problem of extent of IC’s powers. Pls seek dissuade Tsiang on this point.
Above line shld be taken in discussions with other Dels as soon as item placed on agenda.
[Page 195]Pls discuss with UK and Romulo problem of who might sponsor resolution along lines of Nine Power Treaty indicating we see possible advantages sponsorship by Asiatic countries other than China. You may also want to make discreet inquiries of Indian, Philippine] and Thai Dels as to whether they wld be disposed to sponsor such a Res. Do not yet indicate to Tsiang any possibility of US sponsorship.
As to timing and tactics on the proposed resolutions we think it wld be better if Tsiang cld be persuaded not to make any proposals at time he presents case. We may anticipate that Sov Del will make immed response which will probably bring out differences in interpretations of agreements. These differences wld, for example, include (1) whether under Article 4 of Dairen agreement Dairen is subject to Sov mil regime estab for Port Arthur Naval Base Area, and (2) whether under same article Sov responsibility for defense of base gives right to exclude Chinese troops. Tsiang cld then make offer refer such questions to ICJ and friendly state cld introduce res recommending the parties do so which US cld then strongly support. This wld probably be best time for introduction Nine Power Treaty Res in order to direct consideration of case toward it as primary objective and help shorten debate.
Question Congressional contact you suggest under consideration.