[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 830 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. RES. 830
Calling for all parties to respect the arbitral tribunal ruling with
regard to the South China Sea and to express United States policy on
freedom of navigation and overflight in the East and South China Seas.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 13, 2016
Mr. Pompeo submitted the following resolution; which was referred to
the Committee on Foreign Affairs, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
RESOLUTION
Calling for all parties to respect the arbitral tribunal ruling with
regard to the South China Sea and to express United States policy on
freedom of navigation and overflight in the East and South China Seas.
Whereas, on July 12, 2016, the Permanent Court of Arbitration (PCA) of the
International Tribunal of the Law of the Sea (``Tribunal''), constituted
under the United Nations Convention on the Law of the Sea (UNCLOS), done
at Montego Bay, December 10, 1982, issued a legally binding ruling on
the parties in the case brought at the request of the Republic of
Philippines against the People's Republic of China concerning a dispute
over the maritime jurisdiction in the South China Sea;
Whereas the Tribunal supported the Philippines' claim that China breached its
sovereign rights, ruling that ``China has, by promulgating its 2012
moratorium on fishing in the South China Sea, without exception for
areas of the South China Sea falling within the exclusive economic zone
of the Philippines and without limiting the moratorium to Chinese
flagged vessels, breached Article 56 of the Convention with respect to
the Philippines' sovereign rights over the living resources of its
exclusive economic zone'';
Whereas the Tribunal invalidated China's so-called ``nine-dash line''
sovereignty claims over the South China Sea, concluding that ``as
between the Philippines and China, China's claims to historic rights, or
other sovereign rights or jurisdiction, with respect to the maritime
areas of the South China Sea encompassed by the relevant part of the
`nine-dash line' are contrary to the Convention and without lawful
effect to the extent that they exceed the geographic and substantive
limits of China's maritime entitlements under the Convention'';
Whereas, on January 22, 2013, arbitration began when the Philippines served
China with a Notification and Statement of Claim pursuant to the UNCLOS
provisions concerning the resolution of disputes and the arbitration
procedure;
Whereas, on February 19, 2013, China rejected and returned the Philippines'
Notification and since that date has refused to participate in the
arbitration proceedings;
Whereas, on June 21, 2013, the Tribunal was constituted pursuant to the
procedure set out in Annex VII of the UNCLOS to decide the dispute
presented by the Philippines;
Whereas, on October 29, 2015, the Tribunal held that ``both the Philippines and
China are parties to [UNCLOS] and bound by its provisions on the
settlement of disputes,'' that ``China's decision not to participate in
these proceedings does not deprive the Tribunal of jurisdiction,'' and
that ``the Philippines' decision to commence arbitration unilaterally
was not an abuse of the Convention's dispute settlement procedures'';
Whereas the South China Sea is one of the world's most strategically important
commercial waterways, and almost 30 percent of the world's maritime
trade transits the South China Sea annually, including approximately
$1,200,000,000,000 in ship-borne trade bound for the United States;
Whereas, according to the United States Energy Information Administration, there
are approximately 11,000,000,000 barrels and 190,000,000,000,000 cubic
feet of proven and probable oil and natural gas reserves in the South
China Sea;
Whereas, according to the United States Department of Defense, ``[a]lthough the
United States takes no position on competing sovereignty claims to land
features in the region, all such claims must be based upon land (which
in the case of islands means naturally formed areas of land that are
above water at high tide), and all maritime claims must derive from such
land in accordance with international law,'';
Whereas, according to the Department of Defense, ``[s]ince Chinese land
reclamation efforts began in December 2013, China has reclaimed land at
seven of its eight Spratly outposts and, as of June 2015, had reclaimed
more than 2,900 acres of land'';
Whereas, according to Director of National Intelligence: ``China continued its
land reclamation efforts at Subi and Mischief Reefs after 5 August 2015,
based on commercial imagery. Between that date and late October, when
reclamation activity ended, China reclaimed more than 100 additional
acres of land.'';
Whereas, according to the Director of National Intelligence: ``We assess that
China has established the necessary infrastructure to project military
capabilities in the South China Sea beyond that which is required for
point defense of its outposts. These capabilities could include the
deployment of modern fighter aircraft, surface-to-air missiles (SAMS),
and coastal defense cruise missiles, as well as increased presence of
People's Liberation Army Navy (PLAN) surface combatants and China Coast
Guard (CCG) large patrol ships.'';
Whereas, according to the Director of National Intelligence: ``We assess that
China will continue to pursue construction and infrastructure
development at its expanded outposts in the South China Sea. Based on
the pace and scope of construction at these outposts, China will be able
to deploy a range of offensive and defensive military capabilities and
support increased PLAN and CCG presence beginning in 2016.'';
Whereas, on May 30, 2015, Secretary of Defense Ashton Carter stated at the
Shangri-La Dialogue in Singapore, ``[T]he United States will continue to
protect freedom of navigation and [overflight--principles] that have
ensured security and prosperity in this region for decades. There should
be no mistake: the United States will fly, sail, and operate wherever
international law allows, as United States forces do all over the
world.'';
Whereas, in October 2015, January 2016, and May 2016, the United States Navy
conducted three freedom of navigation operations (FONOP) in the area,
transiting inside the 12-mile nautical zone of the contested features in
the South China Sea;
Whereas Article 5 of the Mutual Defense Treaty Between the United States and the
Republic of the Philippines, signed on August 30, 1951, states that ``an
armed attack on either of the Parties is deemed to include an armed
attack on the metropolitan territory of either of the Parties, or on the
island territories under its jurisdiction in the Pacific or on its armed
forces, public vessels or aircraft in the Pacific''; and
Whereas the United States reiterates its security commitment to Japan and
reaffirms that Article 5 of the United States-Japan Treaty of Mutual
Cooperation and Security covers all territories under Japan's
administration, including the Senkaku islands; Now, therefore, be it
Resolved, That the House of Representatives--
(1) supports the July 12, 2016, ruling issued by the
Tribunal as binding on all parties in the case, and calls on
all claimants to pursue peaceful resolution of outstanding
maritime claims in the South China Sea consistent with
international law;
(2) urges all parties to take action to implement the
Declaration on the Conduct of Parties in the South China Sea
and take steps towards early conclusion of a meaningful Code of
Conduct, which would provide agreed upon rules of the road to
reduce tension among claimant states;
(3) opposes any actions in the South China Sea to change
the status quo by coercion, force, or the threat of use of
force;
(4) calls on the Government of the People's Republic of
China to cease all reclamation and militarization activities in
the South China Sea and end provocative actions in the East
China Sea, which undermine peace and stability in the region;
(5) reaffirms Article V of the Mutual Defense Treaty
Between the United States and the Republic of the Philippines;
(6) reaffirms Article V of the Treaty of Mutual Cooperation
and Security between the United States and Japan;
(7) urges the Secretary of State to utilize all diplomatic
channels to communicate worldwide unwavering United States
support for freedom of navigation and overflight in the South
China Sea; and
(8) urges the Secretary of Defense to routinely enforce
freedom of navigation and overflight in the East and South
China Seas, which is critical to United States national
security interests and peace and prosperity in the Asia-Pacific
region.
<all>