20 Australian Delegation, United Nations, to Department of External Affairs
Cablegram United Nations 267 NEW YORK, 11 July 1946,12.42 p.m.
1. Yesterday's meeting of the Security Council approved provisional rules of procedure for the Atomic Energy Commission (Document S/102) and referred to the Committee of Experts for preliminary examination requests by the President of the International Court for definition of conditions under which the Court shall be open to States not parties to the Statute (Document S/99).
2. Discussion arose on a Resolution moved by Dr. Evatt that the Canadian Representative be invited to take part in the meeting under Article 31 and Rule 37 inasmuch as it had special interests in atomic energy. The Soviet objected and argued that as no notice had been given of the question, decision should be adjourned. The Netherlands seconded Australia and the Chairman immediately put the Resolution which was agreed to by nine votes to one, Poland abstaining.
3. Gromyko claimed that the veto applied to this decision. The Chairman ruled that it was a procedural matter and invited Canada to take her seat. Gromyko again objected. Cadogan pointed out that Article 31 came within the section of Chapter V headed 'Procedure'. Dr. Evatt then took full advantage of the opening given by Gromyko and completely disposed of his claim to veto, among other arguments recalling paragraph 2 of the sponsoring powers declaration and stating that, although that declaration did not bind other powers, it might at least be expected that those powers who made the declaration, including Soviet, would observe it.  Dr. Evatt also pointed out that the only action open to Gromyko was to propose a resolution disagreeing with the Chairman's ruling and quoted Rule 30 which would require a majority to upset the ruling.
4. Gromyko did not respond to the challenge and simply made a vague reservation of his right to raise the question again. This reservation, however, appears meaningless as the invitation to Canada was simply to take part in one meeting. In conjunction with our decision to raise the veto at the Assembly, notice of which had been lodged with the Secretary-General before yesterday's meeting, Gromyko's blunder gives us a tactical advantage in the anticipated contest on voting procedures.
5. During the customary felicitations to the retiring Mexican Chairman, tribute to Dr. Evatt was paid by Van Kleffens who referred to the service he had rendered to the Council by his firmness, his clarity and his mastery of the subjects before it.