III 

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; 


emcdonald on DSK9F6TC42PROD with BILLS
2 

•SRES 526 IS 

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 ‘‘ninedash 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; 


emcdonald on DSK9F6TC42PROD with BILLS
3 

•SRES 526 IS 

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’’; 


emcdonald on DSK9F6TC42PROD with BILLS
4 

•SRES 526 IS 

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.’’; 


emcdonald on DSK9F6TC42PROD with BILLS
5 

•SRES 526 IS 

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 

1 Resolved, That the Senate— 

2 (1) supports the July 12, 2016, ruling issued 

3 by the Tribunal as binding on all parties in the case, 

4 and calls on all claimants to pursue peaceful resolu5 tion of outstanding maritime claims in the South 

6 China Sea consistent with international law; 

7 (2) urges all parties to take action to implement 

8 the Declaration on the Conduct of Parties in the 

9 South China Sea and take steps towards early con10 clusion of a meaningful Code of Conduct, which 


emcdonald on DSK9F6TC42PROD with BILLS
6 

•SRES 526 IS 

1 would provide agreed upon rules of the road to re2 duce tension among claimant states; 

3 (3) opposes any actions in the South China Sea 

4 to change the status quo by coercion, force, or the 

5 threat of use of force; 

6 (4) calls on the Government of the People’s Re7 public of China to cease all reclamation and mili8 tarization activities in the South China Sea and end 

9 provocative actions in the East China Sea, which un10 dermine peace and stability in the region; 

11 (5) reaffirms Article V of the Mutual Defense 

12 Treaty Between the United States and the Republic 

13 of the Philippines; 

14 (6) reaffirms Article V of the Treaty of Mutual 

15 Cooperation and Security between the United States 

16 and Japan; 

17 (7) urges the Secretary of State to utilize all 

18 diplomatic channels to communicate worldwide un19 wavering United States support for freedom of navi20 gation and overflight in the South China Sea; and 

21 (8) urges the Secretary of Defense to routinely 

22 enforce freedom of navigation and overflight in the 

23 East and South China Seas, which is critical to 


emcdonald on DSK9F6TC42PROD with BILLS
7 

•SRES 526 IS 

1 United States national security interests and peace 

2 and prosperity in the Asia-Pacific region. 

Æ 


emcdonald on DSK9F6TC42PROD with BILLS