,,iii #aacth ,,congress #b;d ,session ,s4 ,,res4 #dab ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #g1 #bjad ,mr4 ,menendez 7for himself1 ,mr4 ,rubio1 ,mr4 ,cardin1 ,mr4 ,mc,cain1 and ,mr4 ,risch7 submitted the following resolution2 which was referred to the ,committee on ,foreign ,relations ,,resolution ,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 region1 and for the peaceful diplomatic resolution of outstanding territorial and maritime claims and disputes4 ,whereas ,asia-,pacific's maritime domains1 which include both the sea and airspace above the domains1 are critical to the region's prosperity1 stability1 and security1 including global commerce2 ,whereas the ,united ,states is a longstanding ,asia-,pacific power and has a national interest in maintaining freedom of operations in international waters and airspace both in the ,asia-,pacific region and around the world2 ,whereas1 for over #fj years1 the ,united ,states ,government1 alongside ,united ,states allies and partners1 has played an instrumental role in maintaining stability in the ,asia-,pacific1 including safeguarding the prosperity and economic growth and development of the ,asia-,pacific region2 ,whereas the ,united ,states1 from the earliest days of the ,republic1 has had a deep and abiding national security interest in freedom of navigation1 freedom of the seas1 respect for international law1 and unimpeded lawful commerce1 including in the ,east ,china and ,south ,china ,seas2 ,whereas the ,united ,states alliance relationships in the region1 including with ,japan1 ,korea1 ,australia1 the ,philippines1 and ,thailand1 are at the heart of ,united ,states policy and engagement in the ,asia-,pacific region1 and share a common approach to supporting the maintenance of peace and stability1 freedom of navigation1 and other internationally lawful uses of sea and airspace in the ,asia-,pacific region2 ,whereas territorial and maritime claims must be derived from land features and otherwise comport with international law2 ,whereas the ,united ,states ,government has a clear interest in encouraging and supporting the nations of the region to work collaboratively and diplomatically to resolve disputes and is firmly opposed to coercion1 intimidation1 threats1 or the use of force2 ,whereas the ,south ,china ,sea contains great natural resources1 and their stewardship and responsible use offers immense potential benefit for generations to come2 ,whereas the ,united ,states is not a claimant party in either the ,east ,china or ,south ,china ,seas1 but does have an interest in the peaceful diplomatic resolution of disputed claims in accordance with international law1 in freedom of operations1 and in the free-flow of commerce free of coercion1 intimidation1 or the use of force2 ,whereas the ,united ,states supports the obligation of all members of the ,united ,nations to seek to resolve disputes by peaceful means2 ,whereas freedom of navigation and other lawful uses of sea and airspace in the ,asia-,pacific region are embodied in international law1 not granted by certain states to others2 ,whereas1 on ,november #bc1 #bjac1 the ,people's ,republic of ,china unilaterally and without prior consultations with the ,united ,states1 ,japan1 the ,republic of ,korea or other nations of the ,asia-,pacific region1 declared an ,air ,defense ,identification ,zone 7,,adiz7 in the ,east ,china ,sea1 also announcing that all aircraft entering the ,,prc's self-declared ,,adiz1 even if they do not intend to enter ,chinese territorial airspace1 would have to submit flight plans1 maintain radio contact1 and follow directions from the ,chinese ,ministry of ,national ,defense or face emergency defensive measures2 ,whereas the rules of engagement declared by ,china1 including the emergency defensive measures1 are in violation of the concept of 8due regard for the safety of civil aviation0 under the ,chicago ,convention of the ,international ,civil ,aviation ,organization's ,chicago ,convention and thereby are a departure from accepted practice2 ,whereas the ,chicago ,convention of the ,international ,civil ,aviation ,organization distinguishes between civilian aircraft and state aircraft and provides for the specific obligations of state parties1 consistent with customary law1 to refrain from resorting to the use of weapons against civil aircraft in flight and ''' in case of interception1 the lives of persons on board and the safety of aircraft must not be endangered2 ,whereas international civil aviation is regulated by international agreements1 including standards and regulations set by ,,icao for aviation safety1 security1 efficiency and regularity1 as well as for aviation environmental protection2 ,whereas1 in accordance with the norm of airborne innocent passage1 the ,united ,states does not recognize the right of a coastal nation to apply its ,,adiz procedures to foreign state aircraft not intending to enter national airspace nor does the ,united ,states apply its ,,adiz procedures to foreign state aircraft not intending to enter ,united ,states airspace2 ,whereas the ,united ,states ,government expressed profound concerns with ,china's unilateral1 provocative1 dangerous1 and destabilizing declaration of such a zone1 including the potential for misunderstandings and miscalculations by aircraft operating lawfully in international airspace2 ,whereas the ,people's ,republic of ,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 peace1 security and stability in the ,asia-,pacific region2 ,whereas the ,government of ,japan expressed deep concern about the ,people's ,republic of ,china's declaration of such a zone1 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 ,sea2 ,whereas the ,government of the ,republic of ,korea has expressed concern over ,china's declared ,,adiz1 and on ,december #i1 #bjac1 announced an adjustment to its longstanding ,air ,defense ,identification ,zone1 which does not encompass territory administered by another country1 and did so only after undertaking a deliberate process of consultations with the ,united ,states1 ,japan1 and ,china2 ,whereas the ,government of the ,philippines has stressed that ,china's declared ,,adiz seeks to transfer an entire air zone into ,chinese domestic airspace1 infringes on freedom of flight in international airspace1 and compromises the safety of civil aviation and the national security of affected states1 and has called on ,china to ensure that its actions do not jeopardize regional security and stability2 ,whereas1 on ,november #bf1 #bjac1 the ,government of ,australia made clear in a statement its opposition to any coercive or unilateral actions to change the status quo in the ,east ,china ,sea2 ,whereas1 on ,march #aj1 #bjad1 the ,united ,states ,government and the ,government of ,japan jointly submitted a letter to the ,,icao ,secretariat regarding the issue of freedom of overflight by civil aircraft in international airspace and the effective management of civil air traffic within allocated ,flight ,information ,regions 7,,fir72 ,whereas ,indonesia ,foreign ,minister ,marty ,natalegawa1 in a hearing before the ,committee on ,defense and ,foreign ,affairs on ,february #ah1 #bjad1 stated1 ,we have firmly told ,china we will not accept a similar ,air ,defense ,identification ,zone if it is adopted in the ,south ,china ,sea4 ,and the signal we have received thus far is1 ,china does not plan to adopt a similar ,zone in the ,south ,china ,sea42 ,whereas over half the world's merchant tonnage flows through the ,south ,china ,sea1 and over #ae1jjj1jjj barrels of oil per day transit the ,strait of ,malacca1 fueling economic growth and prosperity throughout the ,asia-,pacific region2 ,whereas the increasing frequency and assertiveness of patrols and competing regulations over disputed territory and maritime areas and airspace in the ,south ,china ,sea and the ,east ,china ,sea are raising tensions and increasing the risk of confrontation2 ,whereas the ,association of ,southeast ,asian ,nations 7,,asean7 has promoted multilateral talks on disputed areas without settling the issue of sovereignty1 and in #bjjb 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 means1 without resorting to the threat or use of force2 ,whereas ,,asean and ,china committed in #bjjb to develop an effective ,code of ,conduct when they adopted the ,declaration on the ,conduct of ,parties in the ,south ,china ,sea1 yet negotiations are irregular and little progress has been made2 ,whereas1 in recent years1 there have been numerous dangerous and destabilizing incidents in waters near the coasts of the ,philippines1 ,china1 ,malaysia1 and ,vietnam2 ,whereas the ,united ,states ,government is deeply concerned about unilateral actions by any claimant seeking to change the status quo through the use of coercion1 intimidation1 or military force1 including the continued restrictions on access to ,scarborough ,reef and pressure on long-standing ,philippine presence at the ,second ,thomas ,shoal by the ,people's ,republic of ,china2 actions by any state to prevent any other state from exercising its sovereign rights to the resources of the exclusive economic zone 7,,eez7 and continental shelf by making claims to those areas that have no support in international law2 declarations of administrative and military districts in contested areas in the ,south ,china ,sea2 and the imposition of new fishing regulations covering disputed areas1 which have raised tensions in the region2 ,whereas international law is important to safeguard the rights and freedoms of all states in the ,asia-,pacific region1 and the lack of clarity in accordance with international law by claimants with regard to their ,south ,china ,sea claims can create uncertainty1 insecurity1 and instability2 ,whereas the ,united ,states ,government opposes the use of intimidation1 coercion1 or force to assert a territorial claim in the ,south ,china ,sea2 ,whereas claims in the ,south ,china ,sea must accord with international law1 and those that are not derived from land features are fundamentally flawed2 ,whereas ,,asean issued ,six-,point ,principles on the ,south ,china ,sea on ,july #bj1 #bjab1 whereby ,,asean's ,foreign ,ministers reiterated and reaffirmed the commitment of ,,asean ,member ,states to3 ''' #a4 the full implementation of the ,declaration on the ,conduct of ,parties in the ,south ,china ,sea 7#bjjb72 ''' #b4 the ,guidelines for the ,implementation of the ,declaration on the ,conduct of ,parties in the ,south ,china ,sea 7#bjaa72 ''' #c4 the early conclusion of a ,regional ,code of ,conduct in the ,south ,china ,sea2 ''' #d4 the full respect of the universally recognized principles of ,international ,law1 including the #aihb ,united ,nations ,convention on the ,law of the ,sea 7,,unclos72 ''' #e4 the continued exercise of self-restraint and non-use of force by all parties2 and ''' #f4 the peaceful resolution of disputes1 in accordance with universally recognized principles of ,international ,law1 including the #aihb ,united ,nations ,convention on the ,law of the ,sea 7,,unclos742 ,whereas1 in #bjac1 the ,republic of the ,philippines properly exercised its rights to peaceful settlement mechanisms with the filing of arbitration case under ,article #bhg and ,annex ,,vii of the ,convention on the ,law of the ,sea in order to achieve a peaceful and durable solution to the dispute1 and the ,united ,states hopes that all parties in any dispute ultimately abide by the rulings of internationally recognized dispute-settlement bodies2 ,whereas ,china and ,japan are the world's second and third largest economies1 and have a shared interest in preserving stable maritime domains to continue to support economic growth2 ,whereas there has been an unprecedented increase in dangerous activities by ,chinese maritime agencies in areas near the ,senkaku islands1 including between #f and #be ships of the ,government of ,china intruding into the ,japanese territorial sea each month since ,september #bjab1 between #bf and #abd ships entering the 8contiguous zone0 in the same time period1 and #i ships intruding into the territorial sea and #cc ships entering in the contiguous zone in ,february #bjad2 ,whereas1 although the ,united ,states ,government does not take a position on the ultimate sovereignty of the ,senkaku ,islands1 the ,united ,states ,government acknowledges that they are under the administration of ,japan and opposes any unilateral actions that would seek to undermine such administration2 ,whereas the ,united ,states ,senate has previously affirmed that the unilateral actions of a third party will not affect the ,united ,states acknowledgment of the administration of ,japan over the ,senkaku ,islands2 ,whereas the ,united ,states remains committed under the ,treaty of ,mutual ,cooperation and ,security to respond to any armed attack in the territories under the administration of ,japan1 has urged all parties to take steps to prevent incidents and manage disagreements through peaceful means1 and commends the ,government of ,japan for its restrained approach in this regard2 ,whereas both the ,united ,states and the ,people's ,republic of ,china are parties to and are obligated to observe the rules of the ,convention on the ,international ,regulations for ,preventing ,collisions at ,sea1 done at ,london ,october #ab1 #aigb 7,c,o,l,r,e,gs72 ,whereas1 on ,december #e1 #bjac1 the ,,uss ,cowpens was lawfully operating in international waters in the ,south ,china ,sea when a ,people's ,liberation ,army ,navy vessel reportedly crossed its bow at a distance of less than #ejj yards and stopped in the water1 forcing the ,,uss ,cowpens to take evasive action to avoid a collision2 ,whereas the reported actions taken by the ,people's ,liberation ,army ,navy vessel in the ,,uss ,cowpens' incident1 as publicly reported1 appear contrary to the international legal obligations of the ,people's ,republic of ,china under ,c,o,l,r,e,gs2 ,whereas1 on ,january #ai1 #aiih1 the ,united ,states and ,people's ,republic of ,china signed the ,military ,maritime ,consultative ,agreement1 creating a mechanism for consultation and coordination on operational safety issues in the maritime domain between the ,united ,states and the ,people's ,republic of ,china2 ,whereas the ,western ,pacific ,naval ,symposium1 inaugurated in #aihh and comprising the navies of ,australia1 ,brunei1 ,cambodia1 ,canada1 ,chile1 ,france1 ,indonesia1 ,japan1 ,malaysia1 ,new ,zealand1 ,papua ,new ,guinea1 the ,people's ,republic of ,china1 the ,philippines1 the ,republic of ,korea1 the ,russian ,federation1 ,singapore1 ,thailand1 ,tonga1 the ,united ,states1 and ,vietnam1 whose countries all border the ,pacific ,ocean region1 provides a forum where leaders of regional navies can meet to discuss cooperative initiatives1 discuss regional and global maritime issues1 and undertake exercises to strengthen norms and practices that contribute to operational safety1 including protocols for unexpected encounters at sea1 common ways of communication1 common ways of operating1 and common ways of engagement2 ,whereas1 ,japan and the ,people's ,republic of ,china sought to negotiate a ,maritime ,communications ,mechanism between the defense authorities and a ,maritime ,search and ,rescue ,agreement and agreed in principle to these agreements to address operational safety on the maritime domains but failed to sign them2 ,whereas the ,changi ,command and ,control ,center in ,singapore provides a platform for all the countries of the ,western ,pacific to share information on what kind of contact at sea and to provide a common operational picture for the region2 ,whereas #bjad commemorates the #ceth anniversary of normalization of diplomatic relations between the ,united ,states and the ,people's ,republic of ,china1 and the ,united ,states welcomes the development of a peaceful and prosperous ,china that becomes a responsible international stakeholder1 the government of which respects international norms1 international laws1 international institutions1 and international rules2 enhances security and peace2 and seeks to advance relations between the ,united ,states and ,china2 and ,whereas ,,asean plays an important role1 in partnership with others in the regional and international community1 in addressing maritime security issues in the ,asia-,pacific region and the ,indian ,ocean1 including open access to the maritime domain of ,asia2 ,now1 therefore1 be it #a4 ,sense of the ,senate ,the ,senate-- 7#a7 condemns coercive and threatening actions or the use of force to impede freedom of operations in international airspace by military or civilian aircraft1 to alter the status quo or to destabilize the ,asia-,pacific region2 7#b7 urges the ,government of the ,people's ,republic of ,china to refrain from implementing the declared ,east ,china ,sea ,air ,defense ,identification ,zone 7,,adiz71 which is contrary to freedom of overflight in international airspace1 and to refrain from taking similar provocative actions elsewhere in the ,asia-,pacific region2 and 7#c7 commends the ,governments of ,japan and of the ,republic of ,korea for their restraint1 and commends the ,government of the ,republic of ,korea for engaging in a deliberate process of consultations with the ,united ,states1 ,japan and ,china prior to announcing its adjustment of its ,air ,defense ,identification ,zone on ,december #i1 #bjac1 and for its commitment to implement this adjusted ,air ,defense ,identification ,zone 7,,adiz7 in a manner consistent with international practice and respect for the freedom of overflight and other internationally lawful uses of international airspace4 #b4 ,statement of ,policy ,it is the policy of the ,united ,states to-- 7#a7 reaffirm its unwavering commitment and support for allies and partners in the ,asia-,pacific region1 including longstanding ,united ,states policy regarding ,article ,v of the ,united ,states-,philippines ,mutual ,defense ,treaty and that ,article ,v of the ,united ,states-,japan ,mutual ,defense ,treaty applies to the ,japanese-administered ,senkaku ,islands2 7#b7 oppose claims that impinge on the rights1 freedoms1 and lawful use of the sea that belong to all nations2 7#c7 urge all parties to refrain from engaging in destabilizing activities1 including illegal occupation or efforts to unlawfully assert administration over disputed claims2 7#d7 ensure that disputes are managed without intimidation1 coercion1 or force2 7#e7 call on all claimants to clarify or adjust claims in accordance with international law2 7#f7 support efforts by ,,asean and the ,people's ,republic of ,china to develop an effective ,code of ,conduct1 including the early harvest of agreed-upon elements in the ,code of ,conduct that can be implemented immediately2 7#g7 reaffirm that an existing body of international rules and guidelines1 including the ,international ,regulations for ,preventing ,collisions at ,sea1 done at ,london ,october #ab1 #aigb 7,c,o,l,r,e,gs71 is sufficient to ensure the safety of navigation between the ,united ,states ,armed ,forces and the forces of other countries1 including the ,people's ,republic of ,china2 7#h7 support the development of regional institutions and bodies1 including the ,,asean ,regional ,forum1 the ,,asean ,defense ,minister's ,meeting ,plus1 the ,east ,asia ,summit1 and the expanded ,,asean ,maritime ,forum1 to build practical cooperation in the region and reinforce the role of international law2 7#i7 encourage the adoption of mechanisms such as hotlines or emergency procedures for preventing incidents in sensitive areas1 managing them if they occur1 and preventing disputes from escalating2 7#aj7 fully support the rights of claimants to exercise rights they may have to avail themselves of peaceful dispute settlement mechanisms2 7#aa7 encourage claimants not to undertake new unilateral attempts to change the status quo since the signing of the #bjjb ,declaration of ,conduct1 including not asserting administrative measures or controls in disputed areas in the ,south ,china ,sea2 7#ab7 encourage the deepening of partnerships with other countries in the region for maritime domain awareness and capacity building1 as well as efforts by the ,united ,states ,government to explore the development of appropriate multilateral mechanisms for a common operating picture in the ,south ,china ,sea that would serve to help countries avoid destabilizing behavior and deter risky and dangerous activities2 and 7#ac7 assure the continuity of operations by the ,united ,states in the ,asia-,pacific region1 including1 when appropriate1 in cooperation with partners and allies1 to reaffirm the principle of freedom of operations in international waters and airspace in accordance with established principles and practices of international law4