https://declassified.library.utoronto.ca/files/original/80b04356dd82ba1f56065fe093e74163.pdf 879f9a7ad4b8eb1916726495776cbac4 PDF Text Text DEPARTMENT OF EXTERNAL AFFAIRS, CANADA . . NUMBERED LETTER . .. Secur1 TO: THE UNDER-SECRETARY OF STATE FOR EXTERNAL AFFAIRS, OTTAWA, CANADA. No: ••••••••.••• .. I I I 1 1 •••••••••••••••••••••••• FOR CANADA 1 1 1 1 1 1 1 1 I 1 I 1 I 1 I LONDON, ENGLAl'J"D. I I I I • I I I ·I I I I I I I I J-.f?7.Q. Poeference: . I I I I I I I June 2s, 1963 ......................... . •• I I •• I I I I I •• Enclosures:/.. ....... .. , .......... , . . . .. I I I .. ??..... . .. NATO Multilateral Force SubJect: ................•..................................... 11111" I I I I I I I I I 1 I I I I I I I I I I I I II II I I I I I II I I I I I I I I I I 111 o. I I 111 .................. . Date: ......... THE OFFICE OF THE HIGH COMMISSIONER FROM: ................... I UNCLASSIFIED ................. , ........... ·... ,. • I I . Air Ai r or Su r f ace Ma1 1: ............ , .. , .... . Post File No: .................... , ....... . Ottawa File No. ¥o I ··························· ··················j·w.i. ..... . 2- (pL( References coos (with encl.) ....._ ki. •5 -- .. A -l., . I /VJ e --· 7 9 You will recall that in his letter to the editor of The Times Alastair Buchan raised the question· of the relationship of the proposed. mixed-manned force to the existing legal order of the high seas. This point has been taken up and developed by a reader of The Times in an interesting letter which appeared in toaay 1 s edition and of which a clipping is attached for your information. / 10 Internal Circulation Canada House Distribution to Posts Washington NATO Paris Emb. Paris Rome Bonn (with encl.) Ext. 182A (Rev. 2/52) 000155 �THE TIMES London, June 28, 1963 MIXED-MANNED FORCE Sir,-In his letter today Mr. Alastlliir Buchan expressed his concern about the effects of the proposal for a mixed-manned force upon the existing legal order of the high seas. Hitherto this aspect of the matter has received little or no public attention. Last year the Geneva Convention on the High Seas, established in 195!!, came into force. lt purports' to be " generally declaratory of established principles of internatioillal laJW ". By Artiol.- 6 "Shirps &ha,Jil sail under the flag of one State onlv and, save in exceptiona,J cases ... shall be s·ubject to its exclusive jurisdiction on the high seas." Although the question of whether ships in the official service of an intergovernmental organization may fly the flag of the organization is not settled by the Convention the International Law Commission expressed its collective vitiw in 1956 that " ... the fla.g of the U.N. or of another international organcization cannot be assimilated to the flag of a State". Nobody is likely to quarrel with that opinion. The pos.ition is no more hopeful if these "mixed"manned" vessels seek to qualify 1 as "warsh[ps " under the same Convention. Thcis is an important status in the regime of the hi.gh seas. Wal!'sh.i,ps have a complete,immunity from the jurisdiction of any State other than the flag State (Art. 8). But for this purpose a warship is therein defined as " a ship belonging to the naval forces of a State and bearing the external marks distinguishing warships of its nationality, under the command of an officer duly commissioned by the government and' w;hose name appealf.s in Navy List and manned by a crew who are ·under regular naval discipline". These requirements are strin.e:ent and are taken . from the Hague Convention of 1907 Relating to the Conversion of Merchant Ships into WarshiPs. an instmment by which this country, but not the U.S.A .. is legally bound. It would thus appear that the "mixedmanned " vessels. should they ever put to sea, will find themselves exposed to a legal regime wcith whilclh they cann.ot at present comply and from which they will derive ; no protection. Jn the absence of a maritime flag which they are entitled to fly they will be subiect to interference by the warships of all s.tates and at the same time ! they will be debarred from the and immunity of warships. This is a bad position all round. In such a situation the possibilities of incidents on the high seas likely to cause international tension need no emphasis. I am. Sir. your obedient servant. G. I. A. D. DRAPER. 10, Delahay , House: 15. Chelsea Embankment, S.W.3. June 26. l 000157 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Identifier An unambiguous reference to the resource within a given context CDNW03780 Title A name given to the resource CDNW03780 Source A related resource from which the described resource is derived "NATO - Nuclear weapons - Policy - NATO long term planning," RG25-A-3-b, vol 5960, file 50219-AL-2-40, part 9-2, Library and Archives Canada (LAC). Rights Information about rights held in and over the resource Canadian Crown Subject The topic of the resource Nuclear Weapons Publisher An entity responsible for making the resource available Canada Declassified Type The nature or genre of the resource Text Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource en