H.Res.714 — 113th Congress : reaffirming the strong support of the United States Government

[BoQ77]

[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[H. Res. 714 Introduced in House (IH)]

113th CONGRESS
2d Session
H. RES. 714

Reaffirming the peaceful and collaborative resolution of maritime and
jurisdictional disputes in the South China Sea and the East China Sea
as provided for by universally recognized principles of international
law, and reaffirming the strong support of the United States Government
for freedom of navigation and other internationally lawful uses of sea
and airspace in the Asia-Pacific region.


_______________________________________________________________________


IN THE HOUSE OF REPRESENTATIVES

September 8, 2014

Mr. Faleomavaega (for himself, Mr. Chabot, Mr. Engel, Ms. Ros-Lehtinen,
and Ms. Bordallo) submitted the following resolution; which was
referred to the Committee on Foreign Affairs

_______________________________________________________________________

RESOLUTION



Reaffirming the peaceful and collaborative resolution of maritime and
jurisdictional disputes in the South China Sea and the East China Sea
as provided for by universally recognized principles of international
law, and reaffirming the strong support of the United States Government
for freedom of navigation and other internationally lawful uses of sea
and airspace in the Asia-Pacific region.

Whereas the maritime domains of the Asia-Pacific region, which include both the
sea and airspace above the domains, are critical to the region's
prosperity, stability, and security, including global commerce;
Whereas the maritime domain in the Asia-Pacific region between the Pacific and
Indian Oceans includes critical sea lines of commerce and communication;
Whereas China, Vietnam, the Philippines, Taiwan, Malaysia, and Brunei have
disputed territorial claims over the Spratly Islands, and China, Taiwan,
and Vietnam have disputed territorial claims over the Paracel Islands;
Whereas, although the United States Government is not a claimant in maritime
disputes in either the East China or South China Seas, the United States
has an interest in the peaceful diplomatic resolution of disputed claims
in accordance with international law, in freedom of navigation and
overflight, and in the free-flow of commerce free of coercion,
intimidation, or the use of force;
Whereas in 2002, the Association of Southeast Asian Nations (ASEAN) and China
committed to developing an effective Code of Conduct;
Whereas that declaration 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 since that time, tensions over the disputed maritime and territorial
areas have increased;
Whereas on September 2010, tensions escalated in the East China Sea near the
Senkaku (Diaoyutai) Islands, a territory under the legal administration
of Japan, when a Chinese fishing vessel deliberately rammed Japanese
Coast Guard patrol boats;
Whereas on February 25, 2011, a frigate from the People's Liberation Army Navy
(PLAN) fired shots at three fishing boats from the Philippines;
Whereas on March 2, 2011, the Government of the Philippines reported that two
patrol boats from China attempted to ram one of its surveillance ships;
Whereas on May 26, 2011, a maritime security vessel from China cut the cables of
an exploration ship from Vietnam, the Binh Minh, in the South China Sea
in waters near Cam Ranh Bay in the exclusive economic zone of Vietnam;
Whereas on May 31, 2011, three Chinese military vessels used guns to threaten
the crews of four Vietnamese fishing boats while they were fishing in
the waters of the Spratly Islands;
Whereas on June 9, 2011, three vessels from China, including one fishing vessel
and two maritime security vessels, ran into and disabled the cables of
another exploration ship from Vietnam, the Viking 2, in the exclusive
economic zone of Vietnam;
Whereas on July 22, 2011, an Indian naval vessel, sailing about 45 nautical
miles off the coast of Vietnam, was warned by a Chinese naval vessel
that it was allegedly violating Chinese territorial waters;
Whereas in April 2012, tensions escalated between the Philippines and China
following a standoff over the Scarborough Shoal;
Whereas in June 2012, China's cabinet, the State Council, approved the
establishment of the city of Sansha to oversee the areas claimed by
China in the South China Sea;
Whereas in July 2012, Chinese military authorities announced that they had
established a corresponding Sansha garrison in the new prefecture;
Whereas on June 23, 2012, the China National Offshore Oil Corporation invited
bids for oil exploration in areas within 200 nautical miles of the
continental shelf and within the exclusive economic zone of Vietnam;
Whereas in January 2013, a Chinese naval ship allegedly fixed its weapons-
targeting radar on Japanese vessels in the vicinity of the Senkaku
islands in the East China Sea, 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 9, 2013, a fatal shooting incident occurred in which shots fired
from a Philippine Coast Guard patrol boat resulted in the death of a
Taiwanese fisherman;
Whereas on May 1, 2014, China's state-owned energy company, CNOOC, anchored its
deepwater drilling rig Hai Yang Shi You 981 (HD-981) in Vietnamese
waters and deployed over 80 vessels, including seven military vessels,
to support its provocative actions and attempt to change the status quo
by force;
Whereas Chinese vessels accompanying Hai Yang Shi You 981 (HD-981) intimidated
Vietnamese Coast Guard ships in violation of the Convention on the
International Regulations for Preventing Collisions at Sea, ramming
multiple Vietnamese vessels, and using helicopters and water cannons to
obstruct others;
Whereas on May 5, 2014, vessels from the Maritime Safety Administration of China
(MSAC) established an exclusion zone with a radius of three nautical
miles around Hai Yang Shi You 981 (HD-981);
Whereas China's actions in support of the Hai Yang Shi You 981 (HD-981) drilling
activity constitute a unilateral attempt to change the status quo by
force;
Whereas, without prior consultations with the United States, Japan, the Republic
of Korea or other nations of the Asia-Pacific region, China declared an
Air Defense Identification Zone (ADIZ) over the East China Sea on
November 23, 2013;
Whereas China announced that all aircraft, even if they do not intend to enter
the ADIZ airspace, would have to submit flight plans, maintain radio
contact, and follow directions from the Chinese Ministry of National
Defense or face ``emergency defensive measures'';
Whereas the ``rules of engagement'' declared by China, including the ``emergency
defensive measures'', are in violation of the concept of ``due regard
for the safety of civil aviation'' under the Chicago Convention of the
International Civil Aviation Organization and thereby are a departure
from accepted practice;
Whereas China's declaration of an ADIZ over the East China Sea has contributed
to increased uncertainty and unsafe conditions in the maritime region in
East Asia and the broader Asia-Pacific region;
Whereas freedom of navigation and other lawful uses of sea and airspace in the
Asia-Pacific region are embodied in international law, not granted by
certain states to others;
Whereas the United States Government expressed profound concerns with China's
unilateral, provocative, dangerous, and destabilizing declaration of
such a zone, including the potential for misunderstandings and
miscalculations by aircraft operating lawfully in international
airspace;
Whereas China's declaration of an ADIZ in the East China Sea will not alter how
the United States Government conducts operations in the region or the
unwavering United States commitment to peace, security and stability in
the Asia-Pacific region;
Whereas other governments in the Asia-Pacific region, including the Governments
of Japan, Korea, Philippines, Australia and Indonesia have expressed
deep concern about China's declaration of such a zone, regarding it as
an effort to unduly infringe upon the freedom of flight in international
airspace and to change the status quo that could escalate tensions and
potentially cause unintentional consequences in the East China Sea;
Whereas the United States Government does not support unilateral actions taken
by any claimant seeking to change the status quo through the use of
coercion, intimidation, or military force;
Whereas the United States Government is deeply concerned about unilateral
actions taken by any state to prevent any other state from exercising
its sovereign rights to the resources of the exclusive economic zone
(EEZ) and continental shelf by making claims to those areas that have no
apparent basis in international law; declarations of administrative and
military districts in contested areas in the South and East China Seas;
and the imposition of new fishing regulations covering disputed areas,
which have raised tensions in the region;
Whereas international law is important to safeguard the rights and freedoms of
all states in the Asia-Pacific region; and
Whereas a peaceful and prosperous China, which acts as a responsible
international stakeholder and which respects international laws,
standards, and institutions, will enhance security and peace in the
Asia-Pacific region: Now, therefore, be it
Resolved, That the House of Representatives--
(1) reaffirms the strong support of the United States for
the peaceful resolution of maritime territorial disputes in the
South China Sea and the East China Sea and pledges continued
efforts to facilitate a collaborative, peaceful process to
resolve these disputes;
(2) reaffirms the strong support for freedom of navigation
and over flight and condemns coercive and threatening actions
or the use of force to impede these freedoms in international
maritime domains and airspace by military or civilian vessels,
to alter the status quo or to destabilize the Asia-Pacific
region;
(3) urges China to refrain from implementing the declared
East China Sea Air Defense Identification Zone (ADIZ), which is
contrary to freedom of overflight in international airspace,
and to refrain from taking similar provocative actions
elsewhere in the Asia-Pacific region;
(4) urges the Association of Southeast Asian Nations
(ASEAN), all United States allies and partners, and all
claimants to amiably and fairly resolve these outstanding
disputes, including through developing a Code of Conduct for
the South China Sea;
(5) supports the continuation of operations by the United
States to support freedom of navigation in international waters
and air space in the South China Sea and the East China Sea;
and
(6) encourages the continuation of efforts by the United
States Government to strengthen partnerships in the region to
build capacity for maritime domain awareness in support of
freedom of navigation, maintenance of peace and stability, and
respect for universally recognized principles of international
law.

 

[Aepsilons]

Good !

 

[BoQ77]

I don't support the violation act of other EEZ

 

[cnleio]

I don't support the violation act of other EEZ

I say, u got another Empty Promise here. U.S diplomacy support freedom of navigation, maintenance of peace and stability ... YES, but not like before military aids & funds coming to weak nation. And East China Sea - ADIZ still there over 1 year.

BTW what's current situation about lifting the arms embargo between Vietnam and U.S ?

Resolved, That the House of Representatives--
(1) reaffirms the strong support of the United States for
the peaceful resolution of maritime territorial disputes in the
South China Sea and the East China Sea and pledges continued
efforts to facilitate a collaborative, peaceful process to
resolve these disputes;
(2) reaffirms the strong support for freedom of navigation
and over flight and condemns coercive and threatening actions
or the use of force to impede these freedoms in international
maritime domains and airspace by military or civilian vessels,
to alter the status quo or to destabilize the Asia-Pacific
region;
(3) urges China to refrain from implementing the declared
East China Sea Air Defense Identification Zone (ADIZ), which is
contrary to freedom of overflight in international airspace,
and to refrain from taking similar provocative actions
elsewhere in the Asia-Pacific region;
(4) urges the Association of Southeast Asian Nations
(ASEAN), all United States allies and partners, and all
claimants to amiably and fairly resolve these outstanding
disputes, including through developing a Code of Conduct for
the South China Sea;
(5) supports the continuation of operations by the United
States to support freedom of navigation in international waters
and air space in the South China Sea and the East China Sea;
and
(6) encourages the continuation of efforts by the United
States Government to strengthen partnerships in the region to
build capacity for maritime domain awareness in support of
freedom of navigation, maintenance of peace and stability, and
respect for universally recognized principles of international
law.

 

[BoQ77]

Vietnam welcomes US House’s Resolution H.Res 714
05/12/2014 | 15:15:00

Foreign Ministry Spokesman Le Hai Binh (Photo: VNA)

Vietnam acclaims the US House of Representatives’ first-ever adoption of a resolution that supports efforts to solve disputes in the East Sea by peaceful measures on the basis of international law and the building of a Code of Conduct (COC) in the sea.

Foreign Ministry Spokesman Le Hai Binh made the statement on December 5 in reply to reporters’ questions on Vietnam ’s response to the US House of Representatives’ approval of Resolution H.Res 714.

“We back all efforts to make active, effective and constructive contributions to maintaining peace, stability, security and safety of navigation and aviation in the region,” he noted.

The resolution was passed by the US House of Representatives on December 4 and sponsored by congressmen Eni F.H Faleomavaega, Elliot Engel, Steve Chabot, Madeleine Bordallo, Ros Latihnen, Ani Bera and Steve Stockman.-VNA

 

[William Hung]

The US is now a better friend for VietNam than China.

Wait, I was wrong, China has never been a real friend to VietNam.

 

[BoQ77]

The US is now a better friend for VietNam than China.

Wait, I was wrong, China has never been a real friend to VietNam.

What we recorded is China ship ram to sink the Vietnam fishboat with 10 fishermen on board. And they tried to argue that Vietnam hit them ( to be sunk ).

-----------------

Interview with FM official on Chinese gov' t Position Paper on jurisdiction in South China Sea arbitration initiated by Philippines(1)

(Globalpost/GlobalPost)
BEIJING, Dec. 7 (Xinhua) -- Xu Hong, Director-General of the Department of Treaty and Law of the Chinese Foreign Ministry, gave an interview to Xinhua on Sunday as the ministry was authorized to release a position paper of the Chinese government on the matter of jurisdiction in the South China Sea arbitration initiated by the Republic of the Philippines.

The interview came as follows:

Xinhua: Why does the Chinese government need to publish a position paper on the matter of jurisdiction in the South China Sea arbitration initiated by the Philippines?

Xu Hong: On 22 January 2013, the Philippines unilaterally initiated international arbitral proceedings regarding the dispute with China in the South China Sea. The Chinese Government is firmly opposed to that, and has reiterated on several occasions its firm position not to accept or participate in the arbitration.

Despite China' s strong objection, the Philippines has been obstinately pushing forward the arbitral proceedings. Some people, who do not know the truth, have questioned China' s position of not accepting or participating in the arbitration. Some others, who harbor ulterior motives, have made one-sided and misleading readings of international rules and, on that basis, made accusations or insinuations that China does not abide by international law, and perversely branded China as a "challenger" to international rules.

In response to this situation and with a view to clearing up the confusion, the Chinese Government publishes the Position Paper to elaborate on the legal basis for China' s position that the Arbitral Tribunal manifestly has no jurisdiction in this case and to demonstrate that China' s position not to accept or participate in the proceedings stands on solid ground in international law.

Xinhua: The Chinese government' s Position Paper clearly states that the Arbitral Tribunal has no jurisdiction in the arbitration initiated by the Philippines. What are the grounds for this position?

Xu Hong: It is quite obvious that the Arbitral Tribunal has no jurisdiction in the arbitration. The Position Paper presents this view by making analyses from the following three aspects.

First, the essence of the Philippines' claims. The subject-matter of the Philippines' claims is in essence an issue of territorial sovereignty, which, however, goes beyond the scope of the United Nations Convention on the Law of the Sea ( "Convention" ). The dispute settlement procedures within the framework of the Convention are only confined to disputes concerning the interpretation or application of the Convention and therefore are not competent to address a matter falling outside the scope of the Convention.

Second, the bilateral agreement reached between China and the Philippines concerning this issue. Through a series of bilateral and multilateral instruments, China and the Philippines have agreed to settle their disputes in the South China Sea through friendly consultations and negotiations, to the exclusion of all other means. This is a mutual obligation binding on the two States under international law. By unilaterally submitting the dispute to arbitration, the Philippines has breached the agreement between the two States and violated international law.

Third, the dispute settlement clauses of the Convention itself. Even if the subject-matter of the Philippines' claims could be considered in part as concerning the interpretation or application of the Convention, it constitutes an integral part of maritime delimitation between China and the Philippines. However, China has already excluded, through a declaration made in 2006 pursuant to Article 298 of the Convention, disputes concerning maritime delimitation, inter alia, from the application of arbitration and other compulsory procedures.

It follows from the above three points that the Arbitral Tribunal manifestly has no jurisdiction over the claims that the Philippines has submitted for arbitration. (more)