III
112th CONGRESS
2d Session
S. RES. 524
IN THE SENATE OF THE UNITED STATES
July 23, 2012
Mr. Kerry (for himself, Mr. Lugar, Mr. Webb, Mr. Inhofe, Mr. Lieberman, and Mr. McCain) submitted the following resolution; which was referred to the Committee on Foreign Relations
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 commons of Asia;
Whereas the South China Sea is a vital part of the maritime commons 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
; and
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: Now, therefore, be it
That the Senate—
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;
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;
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
;
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;
reaffirms the United States commitment—
to assist the nations of Southeast Asia to remain strong and independent;
to help ensure each nation enjoys peace and stability;
to broaden and deepen economic, political, diplomatic, security, social, and cultural partnership with ASEAN and its member states; and
to promote the institutions of emerging regional architecture and prosperity; and
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.
