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man, Political Science Department, Rutgers University, author, "A Dangerous Place: The United Nations as a Weapon in International Politics;" Mr. Joseph Segel, former chairman, board of governors, United Nations Association, U.S. Alternate Representative to the 29th General Assembly; and Mr. C. Maxwell Stanley, president of the Stanley Foundation.

Senator PERCY. I have not had the pleasure of knowing Dr. Yeselson and I am looking forward to hearing from him today, but I want the Chair to know that I have had the highest regard and close relationship with the other three witnesses. Dick Gardner is one of the most knowledgeable men we have on international organizations, and Joe Segel is a former chairman of the Board of Governors of the U.N. Association and a member of the U.S. delegation at the U.N., so he has seen it from the inside as well as the outside. Maxwell Stanley's seminars, which his foundation has sponsored around the world in an effort to foster world peace and strengthen international organizations have made an important contribution; he has devoted not just his financial resources but also his own personal time over a period of

many years.

The CHAIRMAN. Dr. Gardner, we have your statement, which is very long.

STATEMENT OF RICHARD N. GARDNER, HENRY L. MOSES PROFESSOR OF LAW AND INTERNATIONAL ORGANIZATION, COLUMBIA UNIVERSITY

Dr. GARDNER. I have no intention of reading it.

The CHAIRMAN. The statement will be printed in full in the record. We will be very glad if you will summarize and discuss it with us. [Mr. Gardner's biography follows:]

BIOGRAPHICAL NOTE ON RICHARD N. GARDNER

Richard N. Gardner, Professor of Law and International Organization at Columbia University, served as Deputy Assistant Secretary of State for International Organization Affairs from 1961 to 1965. He is currently the United States member and the rapporteur of the Group of High Level Experts which SecretaryGeneral Kurt Waldheim has appointed to propose structural changes in the United Nations system of economic cooperation.

Born in New York City, June 9, 1927, Professor Gardner is a veteran of World War II. He graduated from Harvard College, where he majored in economics and received a B.A. degree magna cum laude in 1948. In 1951 he received an LL.B. from the Yale Law School, where he served as Note Editor of the Yale Law Journal. Professor Gardner was awarded a Doctor of Philosophy degree in Economics in 1954 by Oxford University, which he attended as a Rhodes Scholar. He is a member of Phi Beta Kappa.

In 1953-54, Professor Gardner served as Teaching Fellow in International Legal Studies at Harvard Law School. He practiced law in New York City with the firm of Coudert Brothers from 1954 to 1957. In 1957 he joined the faculty of Columbia University as Associate Professor of Law, and he became a full Professor in 1960. Professor Gardner left his post as Professor of Law at the Columbia Law School to join the Kennedy Administration in April, 1961.

Professor Gardner received the Arthur S. Fleming Award for 1963 as one of the ten outstanding young men in the Federal Government. As Deputy Assistant Secretary for International Organization Affairs, he was concerned with the international organization aspects of numerous foreign policy problems, including disarmament, outer space, trade, and aid to less developed countries. He served as a member of the U.S. delegation to sessions of the U.N. General Assembly and also as a U.S. delegate to meetings of various U.N. Specialized Agencies including the International Labor Organization, the World Health Organization,

and the Food and Agriculture Organization. He was Vice-Chairman of the U.S. delegation to the U.N. Conference on Trade and Development (UNCTAD) in 1964. After his return to Columbia University in 1965 he served as Senior Advisor to U.S. Ambassador to the U.N. Arthur J. Goldberg.

From 1969-73 he was the U.S. member of the Board of Trustees of the United Nations Institute for Training and Research (UNITAR) and is currently a member of the U.S. Government's Advisory Committee on the Law of the Sea, in which capacity he is participating in the Law of the Sea Conference. In 1970-71 he served as a member of President Nixon's Commission on International Trade and Investment Policy. He is a Vice President of the American Society of International Law. He served as a consultant to Maurice Strong, Executive Director of the United Nations Environment Program. He participated as a member of the U.N. Secretariat at Stockholm in the drafting of the new U.N. machinery for environmental cooperation. He is also serving as the North-American director of a project on its "Energy Crisis and Relations with Developing Countries" for the Trilateral Commission, a group of leading citizens from Europe, Japan and North America.

Professor Gardner is the author of four books: Sterling-Dollar Diplomacy; In Pursuit of World Order; Blueprint for Peace; and The Global Partnership: International Agencies and Economic Development. He is currently on a Guggenheim Foundation Fellowship developing material for a book on "Strategies for the Development of International Organizations 1975-2000."

Dr. GARDNER. Thank you, Mr. Chairman.

It is a great honor to follow Senator Fulbright's elegant statement. His basic diagnosis of our problem and his remedies seem to me fully persuasive. Rather than draw upon my statement in details I suggest it might be of greater interest to the committee if I attempt to deal with some of the issues that have been raised this morning in this extraordinarily interesting discussion.

The CHAIRMAN. Fine.

MEMBERS SHOULD WORK HARDER TO MAKE U.N. MORE WORKABLE

INSTITUTION

Dr. GARDNER. This morning you have asked us to answer the question. Is the U.N. working? My answer to that is a qualified yes-the United Nations is working in the sense that it is providing indispensable services to its member nations, including the United States, in peacekeeping and economic cooperation.

My qualification is that the United Nations is not working as well as it should, and that most of the explanation for this fact can be found in the behavior of its members.

As a former British Ambassador to the U.N., Lord Caradon, once said "There is nothing fundamentally wrong with the U.N. except its members."

So we should ask this morning not only whether the United Nations is working, but whether its members, including the United States, are working. I mean working as hard as they should to enable the world organization to perform the tasks assigned to it under the Charter.

I was deeply interested in the emphasis Senator Fulbright placed on negotiated solutions rather than on voting in the United Nations.

PROPOSED STRUCTURAL CHANGES IN U.N. SYSTEM REPORT

At this moment, Mr. Chairman, I am serving as the American member and also as the rapporteur of a so-called group of high level experts appointed by Secretary-General Waldheim to propose struc

tural changes in the United Nations system. We are in the final stages of writing our report. We hope to complete it next week.

One of the central issues we are addressing is this very question of decisionmaking; and it would not be appropriate for me at this moment to state in a public forum what our conclusions will be, but I believe when the Senate of the United States has an opportunity to see the proposals we are making in this field, it will find they represent progress toward a more rational system of making decisions in the United Nations with emphasis on conciliation among the countries principally concerned, rather than on sterile debate in plenary forums of 138 countries.

ECONOMIC ISSUES OBSERVATIONS

Now, the question was raised by Senator Percy about the special session, the economic charter, and other economic issues. I would like to make an observation on that score.

One of our principal problems in the United Nations is the increasing isolation of the United States, and one reason for the increasing isolation of the United States from the majority of members of the world community is our failure to show a sufficient concern with the priorities of the developing nations.

Senator Percy, in his report on the last General Assembly session, very eloquently emphasized the need to try to strike a bargain with these countries. I would urge that we do a job of preparation for this special session, not merely, Senator Percy, to try to work out the difficulties on that economic charter, and I agree we should try to work those out; but large rhetorical statements are not going to solve our problems in the world. What we have to do is go beyond this economic charter and look at specific issues where we are divided from the developing countries-issues like commodity trade, issues like development assistance, issues like reform of the international monetary system, issues like the control of transnational companies, and finally the issue of restructuring of international agencies, not just the U.N. itself, but the Bank and the Fund and the GATT-General Agreement on Tariff and Trade-to provide a fairer sharing in decisionmaking power between all groups of nations.

If there were time, I would offer some specific ideas on all those subjects, but I am afraid that would take too much time and not be fair to my fellow panelists.

If you are interested, I would like to suggest at a later stage specific things the United States could do in each of these fields to deal with this great economic agenda.

In essence, my philosophy can be summed up in this sentence. We have to strike a new economic bargain with the developing countries in which access to supply, particularly to vital raw materials, energy, and other minerals which we want, is traded for access for the developing countries to markets at fair and remunerative prices for their products, and access to technology, to capital, and to a fairer share of decisionmaking in international economic forums, which up to now have been dominated by the developed countries.

MR. GARDNER'S DISAGREEMENT WITH MOYNIHAN ARTICLE IN

"COMMENTARY MAGAZINE"

A third issue has been raised this morning, and that is Ambassador Moynihan and his article in "Commentary."

The article is a brilliant article, as is everything that Pat Moynihan turns his hand to. I would have to say, in all honesty, that I think in several respects it is very wrong. The basic fallacy is that it focuses on the the U.N. as a rhetorical system; but the U.Ñ. is also an action system in which peacekeeping and economic cooperation programs of practical importance provide essential services to member countries. I don't suggest the rhetoric is of no importance, but I suggest that we would have a better appreciation in this country of the importance of the U.N. if we looked at what is done by the U.N. as opposed to what is said at the U.N.

The issues emphasized by the Moynihan article represent only the tip of the iceberg.

For example, he says that the great global conferences on population, food, and environment were disasters, and in support of that proposition he cites some of the more ridiculous things that were said. But as Senator Clark can testify, the World Food Conference was not a disaster. Out of the World Food Conference, the Bucharest Conference on population, the Stockholm Conference on the Environment, came specific action proposals that are being implemented and that are demonstrably in the interests of the United States of America. And that is totally overlooked in the article.

It is said in the article that every time the United States takes a specific issue to a multilateral forum we lose. That is demonstrably not the fact.

Now, if Ambassador Moynihan does go to the U.N. I have sufficient confidence in his good sense and his brilliance that after he is exposed to the reality of the United Nations he will develop his views further and will turn out to be a very effective representative; but I must state that there are a number of things in the article that I think were most unfortunate and simply wrong factually and analytically.

RECOMMENDED REMEDIES FOR PRESENT DIFFICULTIES IN U.N.

Now, the final thing I would say in closing is that the remedy for our present difficulties in the U.N. is not to downgrade our U.N. participation, not to leave, not to get out of the General Assembly, not to do what columnist William Buckley has proposed, to sit in the General Assembly and not vote. These proposals haven't really been thought through. Leaving the U.N. or any part of it would be what one Israeli friend described to me as "abandoning the battlefield under fire." It would be a very stupid thing to do. We could not protect our national interests if we walked out. We could not vote on important issues in which we have an important stake-the Middle East, disarmament, Cyprus, the budget of the U.N., its personnel system, economic issues, and so on. So it would be very foolish to walk out.

What we need to do is not downgrade our participation but upgrade it. This would mean a new commitment to international institution-building at the top levels of the U.S. Government, the strengthening of our U.N. mission and Assembly delegations, much greater use of our diplomatic strength around the world in support of U.N. positions we believe in, involvement of our European allies and the Soviet Union in the search for a Middle East settlement which will guarantee Israel's security essentially within its 1967 borders, a more imaginative approach to the "world economic bargain" I have mentioned, and a serious search for new decisionmaking procedures in the U.N. in the direction of Senator Fulbright's suggestion which we are working on at this moment in New York in the committee to which I referred.

MORE PRINCIPLED APPROACH TO CONDUCT OF U.S. FOREIGN POLICY SUGGESTED

In conclusion, Mr. Chairman, I would also say we need in this country a more principled approach to the conduct of our foreign policy. Instead of citing the U.N. Charter and other sources of international law when it suits our short-term interests and ignoring them when it does not, we should recognize our long-term national interests in strengthening the structures and processes of a civilized world community.

We should make a greater effort to use our armed force and economic power on a multilateral basis, submitting disputes wherever possible to third party settlement. We should resort to unilateral action only in very exceptional cases where multilateral processes are clearly unavailable. Any unilateral action on our part should be done in a manner calculated to promote the restoration of multilateral processes. We should abolish the CIA "dirty tricks" department, avoid the excesses of unilateralism that characterized our Vietnam and Dominican interventions, do more to strengthen multilateral processes in foreign economic policy, and show a really objective concern with human rights questions on a global basis-whether within the border of former adversaries, neutrals, allies, or even in our own society. This does not mean unilateral disarmament, and it doesn't mean ignoring valid concerns of national security. What it does mean is recognizing that national security can only be promoted from now on by achieving a better balance between traditional preoccupations with power relations and emerging requirements of global order.

Thank you very much.

[Mr. Gardner's prepared statement follows:]

PREPARED STATEMENT OF RICHARD N. GARDNER

I am deeply grateful for this opportunity to testify in your hearings on "The United States and the United Nations," the first comprehensive hearings on the United Nations which this Committee has held in twenty years.

This morning you have asked us to answer your question "Is the United Nations Working?" My answer to that question is a qualified yes. The United Nations is working in the sense that it is providing indispensible services to its member nations, including the United States, in peacekeeping and economic cooperation.

My qualification is that the United Nations is not working as well as it should and that most of the explanation for this fact can be found in the behavior of its members. As a former British Ambassador to the United Nations once

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