[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 167 Agreed to Senate (ATS)]

113th CONGRESS
  1st Session
S. RES. 167

 Reaffirming the strong support of the United States for the peaceful 
resolution of territorial, sovereignty, and jurisdictional disputes in 
                   the Asia-Pacific maritime domains.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2013

   Mr. Menendez (for himself, Mr. Rubio, Mr. Cardin, Mr. Corker, Mr. 
Donnelly, and Mr. Murphy) submitted the following resolution; which was 
             referred to the Committee on Foreign Relations

                             June 25, 2013

              Reported by Mr. Menendez, without amendment

                             July 29, 2013

           Considered and agreed to with an amended preamble

_______________________________________________________________________

                               RESOLUTION


 
 Reaffirming the strong support of the United States for the peaceful 
resolution of territorial, sovereignty, and jurisdictional disputes in 
                   the Asia-Pacific maritime domains.

Whereas the maritime domain of the Asia-Pacific region includes critical sea 
        lines of communication and commerce between the Pacific and Indian 
        oceans;
Whereas the United States has a national interest in freedom of navigation and 
        overflight in the Asia-Pacific maritime domains, as provided for by 
        universally recognized principles of international law;
Whereas the United States has a national interest in the maintenance of peace 
        and stability, open access by all to maritime domains, respect for 
        universally recognized principles of international law, prosperity and 
        economic growth, and unimpeded lawful commerce;
Whereas although the United States does not take a position on competing 
        territorial claims over land features and maritime boundaries, it does 
        have a strong and long-standing interest in the manner in which disputes 
        in the South China Sea are addressed and in the conduct of the parties;
Whereas the United States has a clear interest in encouraging and supporting the 
        nations of the region to work collaboratively and diplomatically to 
        resolve disputes without coercion, without intimidation, without 
        threats, and without the use of force;
Whereas the South China Sea contains great natural resources, and their 
        stewardship and responsible use offers immense potential benefit for 
        generations to come;
Whereas in recent years, there have been numerous dangerous and destabilizing 
        incidents in this region, including Chinese vessels cutting the seismic 
        survey cables of a Vietnamese oil exploration ship in May 2011; Chinese 
        vessels barricading the entrance to the Scarborough Reef lagoon in April 
        2012; China issuing an official map that newly defines the contested 
        ``nine-dash line'' as China's national border; and, since May 8, 2013, 
        Chinese naval and marine surveillance ships maintaining a regular 
        presence in waters around the Second Thomas Shoal, located approximately 
        105 nautical miles northwest of the Philippine island of Palawan;
Whereas the Association of Southeast Asian Nations (ASEAN) has promoted 
        multilateral talks on disputed areas without settling the issue of 
        sovereignty, and in 2002 joined with China in signing a Declaration on 
        the Conduct of Parties in the South China Sea that committed all parties 
        to those territorial disputes to ``reaffirm their respect for and 
        commitment to the freedom of navigation in and over flight above the 
        South China Sea as provided for by the universally recognized principles 
        of international law'' and to ``resolve their territorial and 
        jurisdictional disputes by peaceful means, without resorting to the 
        threat or use of force'';
Whereas Japan and Taiwan reached an agreement on April 10, 2013, to jointly 
        share and administer the fishing resources in their overlapping claimed 
        exclusive economic zones in the East China Sea, an important 
        breakthrough after 17 years of negotiations and a model for other such 
        agreements;
Whereas other incidences of the joint administrations of resources in disputed 
        waters in the South China Sea have de-escalated tensions and promoted 
        economic development, such as Malaysia and Brunei's 2009 agreement to 
        partner on exploring offshore Brunei waters, with drilling in offshore 
        oil and gas fields off Brunei beginning in 2011; and Thailand and 
        Vietnam's agreement to jointly develop areas of the Gulf of Thailand for 
        gas exports, despite ongoing territorial disputes;
Whereas, on June 21, 2013, the Governments of the People's Republic of China and 
        Vietnam announced that they had agreed to set up and use an emergency 
        fishery hotline to inform each other of any detainment involving 
        fishermen or boats within 48 hours, to help quickly resolve disputes and 
        as part of efforts to prevent future incidents from derailing ties, and 
        the Governments of the People's Republic of China and Indonesia on May 
        2, 2013, agreed to establish a hotline for incidents in their disputed 
        waters;
Whereas the Government of the Republic of the Philippines states that it ``has 
        exhausted almost all political and diplomatic avenues for a peaceful 
        negotiated settlement of its maritime dispute with China'' and in his 
        statement of January 23, 2013, Republic of Philippines Secretary of 
        Foreign Affairs Del Rosario stated that therefore ``the Philippines has 
        taken the step of bringing China before the Arbitral Tribunal under 
        Article 287 and Annex VII of the 1982 Convention on the Law of the Sea 
        in order to achieve a peaceful and durable solution to the dispute'';
Whereas, in January 2013, a Chinese naval ship allegedly fixed its weapons-
        targeting radar on Japanese vessels in the vicinity of the Senkaku 
        islands, and, on April 23, 2013, eight Chinese marine surveillance ships 
        entered the 12-nautical-mile territorial zone off the Senkaku Islands, 
        further escalating regional tensions;
Whereas, on May 8, 2013, the Chinese Communist Party's main newspaper, The 
        People's Daily, published an article by several Chinese scholars 
        questioning Japan's sovereignty over Okinawa, where key United States 
        military installations are located which contribute to preserving 
        security and stability in the Asia-Pacific region;
Whereas the Government of the People's Republic of China has recently taken 
        other unilateral steps, including ``improperly drawing'' baselines 
        around the Senkaku Islands in September 2102, which the 2013 Annual 
        Report to Congress on Military and Security Developments Involving the 
        People's Republic of China found to be ``inconsistent with international 
        law'', and maintaining a continuous military and paramilitary presence 
        around the Senkaku Islands;
Whereas, on April 27, 2013, Chinese Foreign Ministry spokeswoman, Hua Chunying, 
        was quoted as saying, ``The Diaoyu Islands are about sovereignty and 
        territorial integrity. Of course it's China's core interest.'';
Whereas although the United States does not take a position on the ultimate 
        sovereignty of the Senkaku Islands, the United States Government 
        acknowledges that they are under the administration of Japan and opposes 
        any unilateral actions that would seek to undermine such administration, 
        affirms that the unilateral actions of a third party will not affect the 
        United States acknowledgment of the administration of Japan over the 
        Senkaku Islands, remains committed under the Treaty of Mutual 
        Cooperation and Security to respond to any armed attack in the 
        territories under the administration of Japan, and has urged all parties 
        to take steps to prevent incidents and manage disagreements through 
        peaceful means;
Whereas, on August 3, 2012, a Department of State spokesperson expressed concern 
        over ``China's upgrading of the administrative level of Sansha City and 
        the establishment of a new military garrison there,'' encouraged ASEAN 
        and China ``to make meaningful progress toward finalizing a 
        comprehensive Code of Conduct,'' and called upon claimants to ``explore 
        every diplomatic or other peaceful avenue for resolution, including the 
        use of arbitration or other international legal mechanisms as needed'';
Whereas the United States recognizes the importance of strong, cohesive, and 
        integrated regional institutions, including the East Asia Summit (EAS), 
        ASEAN, and the Asia-Pacific Economic Cooperation (APEC) forum, as 
        foundation for effective regional frameworks to promote peace and 
        security and economic growth, including in the maritime domain, and to 
        ensure that the Asia-Pacific community develops rules-based regional 
        norms which discourage coercion and the use of force;
Whereas the United States welcomes the development of a peaceful and prosperous 
        China, the government of which respects international norms, 
        international laws, international institutions, and international rules; 
        enhances security and peace; and seeks to advance a ``new model'' of 
        relations between the United States and China;
Whereas ASEAN plays an important role, in partnership with others in the 
        regional and international community, in addressing maritime security 
        issues in the Asia-Pacific region and into the Indian Ocean, including 
        open access to the maritime domain of Asia;
Whereas ASEAN and China announced on June 30, 2013, that official consultations 
        on a Code of Conduct in the South China Sea will commence at the 6th 
        Senior Officials' Meeting and the 9th Joint Working Group on the 
        Implementation of the Declaration of Conduct of the Parties in the SCS, 
        to be held in China in September 2013; Chinese Foreign Minister Wang Yi 
        reaffirmed that China was willing to advance talks on a code of conduct 
        as part of a ``continual, gradual and deepening process''; and Secretary 
        of State John F. Kerry, participating in the ASEAN Regional Forum 
        Ministerial Meeting on July 2, 2013, expressed the hope that 
        announcement of official consultations between ASEAN and China would be 
        the beginning of sustained and substantive official engagement between 
        the two on developing the new Code of Conduct; and
Whereas, from June 17-20, 2013, the 10 ASEAN members and their dialogue partners 
        Australia, China, India, Japan, New Zealand, Russia, South Korea, and 
        the United States jointly participated in the First ASEAN Defense 
        Ministers' Meeting Plus Humanitarian Assistance and Disaster Relief 
        (HADR) and Military Medicine (MM) exercise, helping to establish a new 
        pattern of cooperation among the militaries of the Asia-Pacific: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) condemns the use of coercion, threats, or force by 
        naval, maritime security, or fishing vessels and military or 
        civilian aircraft in the South China Sea and the East China Sea 
        to assert disputed maritime or territorial claims or alter the 
        status quo;
            (2) strongly urges that all parties to maritime and 
        territorial disputes in the region exercise self-restraint in 
        the conduct of activities that would undermine stability or 
        complicate or escalate disputes, including refraining from 
        inhabiting presently uninhabited islands, reefs, shoals, and 
        other features and handle their differences in a constructive 
        manner;
            (3) reaffirms the strong support of the United States for 
        the member states of ASEAN and the Government of the People's 
        Republic of China as they seek to develop a code of conduct of 
        parties in the South China Sea, and urges all countries to 
        substantively support ASEAN in its efforts in this regard;
            (4) supports collaborative diplomatic processes by all 
        claimants in the South China Sea for resolving outstanding 
        maritime or territorial disputes, in a manner that maintains 
        peace and security, adheres to international law, and protects 
        unimpeded lawful commerce as well as freedom of navigation and 
        overflight, and including through international arbitration, 
        allowing parties to peacefully settle claims and disputes using 
        universally recognized principles of international law;
            (5) encourages the deepening of efforts by the United 
        States Government to develop partnerships with other countries 
        in the region for maritime domain awareness and capacity 
        building; and
            (6) supports the continuation of operations by the United 
        States Armed Forces in the Western Pacific, including in 
        partnership with the armed forces of other countries in the 
        region, in support of freedom of navigation, the maintenance of 
        peace and stability, and respect for universally recognized 
        principles of international law, including the peaceful 
        resolution of issues of sovereignty and unimpeded lawful 
        commerce.
                                 <all>