Cablegram 23 CANBERRA, 12 January 1946
SECRET
(Your D49 [2] D50 [3]).
1. In our opinion States directly concerned clearly means those
with some tangible existing interest recognized by International
law. It clearly does not include members of the Security Council
as such or of United Nations or neighbouring States. Phrase was
put in simply to protect the alleged legal interest of the
principal Allied and Associated Powers to whom were ceded German
and other territories as a result of treaties of peace. In our
view this original legal interest was terminated when the League
of Nations placed the territories under Mandate. The United
States, however, has kept the claim alive weak though it is. If it
were substantiated by the World Court it would mean that one of
the countries directly concerned in all Mandates would be the
'British Empire' under that name and not the 'United Kingdom'. We
think it is a mistake to be bustled into making too absolute a
declaration on the subject. The United Kingdom is in a different
position in relation to 'B' class Mandates from that appertaining
to 'C' class Mandates which are regarded as an integral portion of
the territory of the Mandatory Power. The furthest we should go is
indicated in the declaration which Cabinet will consider late next
week, the text of which is my immediately following telegram. [4]
You must not take it for granted that this will necessarily be
approved without amendment.
It is quite out of the question for agreement to be drafted during
the present sittings of the Assembly.
[AA:A1838/2, 306/1/1, i]