[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 526 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
S. RES. 526

 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 SENATE OF THE UNITED STATES

                             July 12, 2016

  Mr. Gardner (for himself, Mr. McCain, Mr. Cotton, Mr. Sullivan, Mr. 
 Rubio, and Mrs. Ernst) submitted the following resolution; which was 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                               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 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 Senate--
            (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>