[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 524 Agreed to Senate (ATS)]
112th CONGRESS
2d Session
S. RES. 524
Reaffirming the strong support of the United States for the 2002
declaration of conduct of parties in the South China Sea among the
member states of ASEAN and the People's Republic of China, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2012
Mr. Kerry (for himself, Mr. Lugar, Mr. Webb, Mr. Inhofe, Mr. Lieberman,
Mr. McCain, Mr. Levin, and Ms. Collins) submitted the following
resolution; which was referred to the Committee on Foreign Relations
August 2, 2012
Committee discharged; considered and agreed to with an amended preamble
_______________________________________________________________________
RESOLUTION
Reaffirming the strong support of the United States for the 2002
declaration of conduct of parties in the South China Sea among the
member states of ASEAN and the People's Republic of China, and for
other purposes.
Whereas the Association of Southeast Asian Nations (ASEAN) plays a key role in
strengthening and contributing to peace, stability, and prosperity in
the Asia-Pacific region;
Whereas the vision of the ASEAN Leaders in their goals set out in the ASEAN
Charter to integrate ASEAN economically, politically, and culturally
furthers regional peace, stability, and prosperity;
Whereas the United States Government recognizes the importance of a strong,
cohesive, and integrated ASEAN as a foundation for effective regional
frameworks to promote peace and security and economic growth and to
ensure that the Asia-Pacific community develops according to rules and
norms agreed upon by all of its members;
Whereas the United States is enhancing political, security and economic
cooperation in Southeast Asia through ASEAN, and seeks to continue to
enhance its role in partnership with ASEAN and others in the region in
addressing transnational issues ranging from climate change to maritime
security;
Whereas the United States Government welcomes the development of a peaceful and
prosperous China which respects international norms, international laws,
international institutions, and international rules, and enhances
security and peace, and seeks to advance a ``cooperative partnership''
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 the South China Sea is a vital part of the maritime domain of Asia,
including critical sea lanes of communication and commerce between the
Pacific and Indian oceans;
Whereas in the declaration on the conduct of parties in the South China Sea, the
governments of the member states of ASEAN and the Government of the
People's Republic of China have affirmed ``that the adoption of a code
of conduct in the South China Sea would further promote peace and
stability in the region'' and have agreed to work towards the attainment
of a code of conduct;
Whereas pending the peaceful settlement of territorial and jurisdictional
disputes, the member states of ASEAN and the People's Republic of China
have committed to ``exercise self-restraint in the conduct of activities
that would complicate or escalate disputes and stability, including,
among others, refraining from action of inhabiting presently uninhabited
islands, reefs, shoals, and other features and to handle their
differences in a constructive manner'';
Whereas pending the peaceful settlement of territorial and jurisdictional
disputes, the member states of ASEAN and the People's Republic of China
affirmed their commitment ``to the freedom of navigation in and
overflight of the South China Sea provided for by the universally
recognized principles of international law, including the 1982 UN
Convention on the Law of the Sea'';
Whereas although not a party to these disputes, the United States has national
interests in freedom of navigation, the maintenance of peace and
stability, respect for international law, and unimpeded lawful commerce;
Whereas the Government of the People's Republic of China has recently taken
unilateral steps to declare the Paracel and Spratly Islands, and their
adjacent waters to be a prefectural-level city, and has identified
government leaders to assert administrative control over 200 islets,
sandbanks, and reefs and 2,000,000 square kilometers of water;
Whereas the Central Military Commission in China also announced the deployment
of a garrison of soldiers to this area; and
Whereas these steps are contrary to agreed upon principles with regard to
resolving disputes and impede a peaceful resolution of the sovereignty
disputes in the South China Sea: Now, therefore, be it
Resolved, That the Senate--
(1) reaffirms the strong support of the United States for
the 2002 declaration of conduct of parties in the South China
Sea among the member states of ASEAN and the People's Republic
of China;
(2) supports the member states of ASEAN, and the Government
of the People's Republic of China, as they seek to adopt a
legally binding code of conduct of parties in the South China
Sea, and urges all countries to substantively support ASEAN in
its efforts in this regard;
(3) strongly urges that, pending adoption of a code of
conduct, all parties, consistent with commitments under the
declaration of conduct, ``exercise self-restraint in the
conduct of activities that would complicate or escalate
disputes and stability, including, among others, refraining
from action of inhabiting presently uninhabited islands, reefs,
shoals and other features and to handle their differences in a
constructive manner'';
(4) supports a collaborative diplomatic process by all
claimants for resolving outstanding territorial and
jurisdictional disputes, allowing parties to peacefully settle
claims and disputes using international law;
(5) reaffirms the United States commitment--
(A) to assist the nations of Southeast Asia to
remain strong and independent;
(B) to help ensure each nation enjoys peace and
stability;
(C) to broaden and deepen economic, political,
diplomatic, security, social, and cultural partnership
with ASEAN and its member states; and
(D) to promote the institutions of emerging
regional architecture and prosperity; and
(6) supports enhanced operations by the United States armed
forces in the Western Pacific, including in the South China
Sea, including in partnership with the armed forces of others
countries in the region, in support of freedom of navigation,
the maintenance of peace and stability, respect for
international law, including the peaceful resolution of issues
of sovereignty, and unimpeded lawful commerce.
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