III 

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 AsiaPacific 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 


pwalker on DSK7TPTVN1PROD with BILLS
2 

•SRES 167 ATS 

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 longstanding 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 


pwalker on DSK7TPTVN1PROD with BILLS
3 

•SRES 167 ATS 

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 


pwalker on DSK7TPTVN1PROD with BILLS
4 

•SRES 167 ATS 

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 ‘‘imVerDate Mar 15 2010 00:06 Jul 30, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\SR167.ATS SR167

pwalker on DSK7TPTVN1PROD with BILLS
5 

•SRES 167 ATS 

properly 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 


pwalker on DSK7TPTVN1PROD with BILLS
6 

•SRES 167 ATS 

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 


pwalker on DSK7TPTVN1PROD with BILLS
7 

•SRES 167 ATS 

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 

1 Resolved, That the Senate— 

2 (1) condemns the use of coercion, threats, or 

3 force by naval, maritime security, or fishing vessels 

4 and military or civilian aircraft in the South China 

5 Sea and the East China Sea to assert disputed mari6 time or territorial claims or alter the status quo; 

7 (2) strongly urges that all parties to maritime 

8 and territorial disputes in the region exercise self-re9 straint in the conduct of activities that would under10 mine stability or complicate or escalate disputes, in11 cluding refraining from inhabiting presently 

12 uninhabited islands, reefs, shoals, and other features 


pwalker on DSK7TPTVN1PROD with BILLS
8 

•SRES 167 ATS 

1 and handle their differences in a constructive man2 ner; 

3 (3) reaffirms the strong support of the United 

4 States for the member states of ASEAN and the 

5 Government of the People’s Republic of China as 

6 they seek to develop a code of conduct of parties in 

7 the South China Sea, and urges all countries to sub8 stantively support ASEAN in its efforts in this re9 gard; 

10 (4) supports collaborative diplomatic processes 

11 by all claimants in the South China Sea for resolv12 ing outstanding maritime or territorial disputes, in 

13 a manner that maintains peace and security, adheres 

14 to international law, and protects unimpeded lawful 

15 commerce as well as freedom of navigation and over16 flight, and including through international arbitra17 tion, allowing parties to peacefully settle claims and 

18 disputes using universally recognized principles of 

19 international law; 

20 (5) encourages the deepening of efforts by the 

21 United States Government to develop partnerships 

22 with other countries in the region for maritime do23 main awareness and capacity building; and 

24 (6) supports the continuation of operations by 

25 the United States Armed Forces in the Western PaVerDate Mar 15 2010 00:06 Jul 30, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\SR167.ATS SR167

pwalker on DSK7TPTVN1PROD with BILLS
9 

•SRES 167 ATS 

1 cific, including in partnership with the armed forces 

2 of other countries in the region, in support of free3 dom of navigation, the maintenance of peace and 

4 stability, and respect for universally recognized prin5 ciples of international law, including the peaceful 

6 resolution of issues of sovereignty and unimpeded 

7 lawful commerce. 

Æ 


pwalker on DSK7TPTVN1PROD with BILLS