Canberra, 6 February 1950
513. Restricted Emergency
1. We are concerned at the continuing stalemate regarding Chinese representation on international bodies2 and at reports of Lie’s3 fear that this might result in U.S.S.R. leaving U.N.
2. Please consult immediately with C.R.O. (State Department) and advise whether they have any views as to how present anomalous situation may be resolved.
3. It occurs to us that a possible course which might be pursued in the best interests of U.N. and international organs would be for question of representation on international bodies to be treated as a question of fact and law, and not made to hinge on the recognition policies of governments represented on any particular organ. If an impartial judicial or quasi–judicial body could give a determination whether a particular government is in effective control of a country and has succeeded to the international rights and responsibilities of its predecessor, this would also give the lead to other international organs on the question of representation and to governments on the question of recognition.
4. The issue is an immediate one. We understand that on the E. & S.C., which meets 7th February, U.S.S.R. may not move to expel Chinese National representative, but may move to accept accredited Communist representative. It might be desirable for Credentials Committee to give a purely legal determination but this is perhaps unlikely. Alternatively, a ruling based on fact and law might be requested from the Secretary–General, who, however, might be unwilling to accept the responsibility. The possibility might also be explored of seeking an advisory opinion from the International Court, which might in the interests of speed, sit in Chambers in this and similar cases (see Articles 26 and 68 of Statute).4
5. Please discuss generally with C.R.O. (State Department) and advise earliest. You should make it clear that your approach is purely exploratory and the Government is not committed to a final view.
(For New York Only).
Please canvass these ideas informally with Secretariat, U.S. and Commonwealth delegations (including India). If reaction is at all favourable you should endeavour to stall credentials issue on E.C.O.S.O.C. until U.S. and U.K. views more clearly defined. If question comes to vote before you receive further instructions, you should not, repeat not, vote against credentials of Nationalist representative but follow the United States by either voting for or abstaining.
[NAA: A1838, 494/2/10, iv]
1 Repeated to Washington and New York.
2 On 13 January, a Soviet resolution in the Security Council, stipulating that the Nationalist Chinese delegation did not represent the people of China and should therefore be expelled, was defeated by six votes to three, with two abstentions. The Soviet delegate subsequently declared he would not attend the Security Council while Nationalist China remained.
3 Trygve Lie, Secretary–General of the United Nations.
4 Article 26 of the Statute of the International Court of Justice provides that the Court may from time to time form one or more Chambers, consisting of three or more judges, for dealing with particular cases or categories of cases. According to Article 27, the judgments of these Chambers are to be considered as those of the Court.