[House Hearing, 113 Congress] [From the U.S. Government Publishing Office] REAFFIRMING THE PEACEFUL AND COLLABORATIVE RESOLUTION OF MARITIME AND JURISDICTIONAL DISPUTES IN THE SOUTH CHINA SEA AND THE EAST CHINA SEA AS PROVIDED FOR BY UNIVERSALLY RECOGNIZED PRINCIPLES OF INTERNATIONAL LAW, AND 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 REGION ======================================================================= MARKUP BEFORE THE SUBCOMMITTEE ON ASIA AND THE PACIFIC OF THE COMMITTEE ON FOREIGN AFFAIRS HOUSE OF REPRESENTATIVES ONE HUNDRED THIRTEENTH CONGRESS SECOND SESSION ON H. Res. 714 __________ SEPTEMBER 17, 2014 __________ Serial No. 113-204 __________ Printed for the use of the Committee on Foreign Affairs Available via the World Wide Web: http://www.foreignaffairs.house.gov/ or http://www.gpo.gov/fdsys/ ______ U.S. GOVERNMENT PRINTING OFFICE 89-812 WASHINGTON : 2014 ----------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512-1800; DC area (202) 512-1800 Fax: (202) 512-2104 Mail: Stop IDCC, Washington, DC 20402-0001 COMMITTEE ON FOREIGN AFFAIRS EDWARD R. ROYCE, California, Chairman CHRISTOPHER H. SMITH, New Jersey ELIOT L. ENGEL, New York ILEANA ROS-LEHTINEN, Florida ENI F.H. FALEOMAVAEGA, American DANA ROHRABACHER, California Samoa STEVE CHABOT, Ohio BRAD SHERMAN, California JOE WILSON, South Carolina GREGORY W. MEEKS, New York MICHAEL T. McCAUL, Texas ALBIO SIRES, New Jersey TED POE, Texas GERALD E. CONNOLLY, Virginia MATT SALMON, Arizona THEODORE E. DEUTCH, Florida TOM MARINO, Pennsylvania BRIAN HIGGINS, New York JEFF DUNCAN, South Carolina KAREN BASS, California ADAM KINZINGER, Illinois WILLIAM KEATING, Massachusetts MO BROOKS, Alabama DAVID CICILLINE, Rhode Island TOM COTTON, Arkansas ALAN GRAYSON, Florida PAUL COOK, California JUAN VARGAS, California GEORGE HOLDING, North Carolina BRADLEY S. SCHNEIDER, Illinois RANDY K. WEBER SR., Texas JOSEPH P. KENNEDY III, SCOTT PERRY, Pennsylvania Massachusetts STEVE STOCKMAN, Texas AMI BERA, California RON DeSANTIS, Florida ALAN S. LOWENTHAL, California TREY RADEL, Florida--resigned 1/27/ GRACE MENG, New York 14 deg. LOIS FRANKEL, Florida DOUG COLLINS, Georgia TULSI GABBARD, Hawaii MARK MEADOWS, North Carolina JOAQUIN CASTRO, Texas TED S. YOHO, Florida LUKE MESSER, Indiana--resigned 5/ 20/14 noon deg. SEAN DUFFY, Wisconsin added 5/29/14 noon CURT CLAWSON, Florida added 7/9/14 noon Amy Porter, Chief of Staff Thomas Sheehy, Staff Director Jason Steinbaum, Democratic Staff Director ------ Subcommittee on Asia and the Pacific STEVE CHABOT, Ohio, Chairman DANA ROHRABACHER, California ENI F.H. FALEOMAVAEGA, American MATT SALMON, Arizona Samoa MO BROOKS, Alabama AMI BERA, California GEORGE HOLDING, North Carolina TULSI GABBARD, Hawaii SCOTT PERRY, Pennsylvania BRAD SHERMAN, California DOUG COLLINS, Georgia GERALD E. CONNOLLY, Virginia LUKE MESSER, Indiana--5/20/14 WILLIAM KEATING, Massachusetts noon CURT CLAWSON, Florida added 7/9/14 noon C O N T E N T S ---------- Page MARKUP OF H. Res. 714, Reaffirming the peaceful and collaborative resolution of maritime and jurisdictional disputes in the South China Sea and the East China Sea as provided for by universally recognized principles of international law, and 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 region............................ 3 APPENDIX Markup notice.................................................... 14 Markup minutes................................................... 15 Markup summary................................................... 16 The Honorable Gerald E. Connolly, a Representative in Congress from the Commonwealth of Virginia: Prepared statement.......... 17 REAFFIRMING THE PEACEFUL AND COLLABORATIVE RESOLUTION OF MARITIME AND JURISDICTIONAL DISPUTES IN THE SOUTH CHINA SEA AND THE EAST CHINA SEA AS PROVIDED FOR BY UNIVERSALLY RECOGNIZED PRINCIPLES OF INTERNATIONAL LAW, AND 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 REGION ---------- WEDNESDAY, SEPTEMBER 17, 2014 House of Representatives, Subcommittee on Asia and the Pacific, Committee on Foreign Affairs, Washington, DC. The committee met, pursuant to notice, at 2 o'clock p.m., in room 2172 Rayburn House Office Building, Hon. Steve Chabot (chairman of the subcommittee) presiding. Mr. Chabot. The committee will come to order. Pursuant to notice, I call up H. Res. 714, a resolution reaffirming the peaceful and collaborative resolution of maritime and jurisdictional disputes in the South China Sea and the East China Sea for purposes of markup and move its recommendation to the full committee. Without objection, the resolution is considered as read and open to amendment at any point. I will now recognize myself for the purpose of speaking on the resolution. Tensions in the South China and East China Seas have grown significantly over the last year. Beijing placed an oil rig in territorial waters claimed by Vietnam; China unilaterally established an air defense identification zone (ADIZ) over the East China Sea; and the Philippines filed an arbitration case against China's assertions over waters within the Philippines' exclusive economic zone. We have witnessed a dangerously aggressive China trying to assert greater control over these territories to change the regional status quo in a way that violates core principles of international law; and we have seen our friends and allies in the region respond in defense by doubling their military spending and building their navies. A dangerous pattern is emerging, but a strategy to effectively manage the growth of these territorial and jurisdictional tensions is, at least at this time, not yet clear. H. Res. 714, introduced by my good friend, the ranking member, Mr. Faleomavaega from American Samoa, reaffirms U.S. commitment to the peaceful resolutions of territorial disputes in the South China and East China Seas. It recognizes the need to uphold international law as a way to safeguard the rights and freedoms of all nations in the Asia-Pacific region and further emphasizes the need for China to act as a responsible international stakeholder that respects international law, standards, and institutions. I am a co-sponsor of this resolution because the U.S. must support its friends and allies in the region against China's increasingly hostile behavior. We must help facilitate a collaborative process to resolve these disputes. There is no other issue in the Asia-Pacific region more worrisome than the rising tensions we are seeing as a result of China's efforts to coercively change and destabilize the regional status quo. As we will discuss in the hearing following today's markup--which will begin very shortly after the markup concludes--relations with China deserve more attention because the list of conflicts and challenges is growing in the range of security, political, and economic matters as is the risk of miscalculation by our two nations--China and the United States. I support this resolution and I would like to yield to the principal sponsor of the legislation, Mr. Faleomavaega, for the purpose of making an opening statement. [The information referred to follows:]Mr. Faleomavaega. Mr. Chairman, thank you for holding this markup on House Resolution 714. I thank you for your friendship, as well as your support of this bipartisan resolution. Again, I commend you for your leadership and taking care in following up on this proposal. I also want to thank our ranking member, our former chairman, Congresswoman Ros-Lehtinen, Congressman Bera, and Congressman Bordallo for co-sponsoring this important legislation. Also Resolution 714 will provide peaceful and corroborative resolution of maritime and jurisdictional disputes in South China and East China Seas as provided for by universally-recognized principles of international law and reaffirms the strong support of the United States Government for affirmative navigation and other international lawful uses of sea and air spaces in the Asia Pacific region. Mr. Chairman, this resolution is similar to Senate Resolution 4102 which was passed in July of this year in response to China's aggressive acts which threaten the security structure of the region. In May of this year, China anchored its HD-981 oil rig within the exclusive economic zone of Vietnam and deployed over 80 missiles including 7 military vessels to support its attempt to change the status quo by force. Since 2009, China has escalated tensions in the South China and East China Sea. China has increased oil explorations in disputed areas, implemented measures which attempt to change crucial regulations, cut the cables of a Vietnamese exploration ship, used guns to threaten Vietnamese fishing boats, warned an Indian naval vessel, rammed Japanese patrol boats, fired shots at a Filipino fishing boat, caned a Taiwanese fisherman, conducted military exercises in the South China Sea to flex its power. Added to other claimants, declared an air defense identification zone or ADIZ over the East China Sea and this is just the tip of the iceberg, Mr. Chairman. The Governments of Japan, Korea, the Philippines, Australia and Indonesia have expressed deep concern about China's declaration of an ADIZ over the East China Sea. Such a zone violates international norms and accepted practices. With the successful passage of Senate Resolution 412, the Senate has made it very clear that the United States will not allow China's announcement of an ADIZ to alter how the United States Government conducts operations in the region. Freedom of navigation and other lawful uses of sea and air spaces in the Asia Pacific region are embodied in international laws and not created by China or any other state to others. China must respect international laws governing sea and air. Left unchecked, Mr. Chairman, I believe China will continue to assert its way through the region and such provocative actions on the part of China will not bode well for the region, nor for the United States, especially since these are not only local or regional issues, but serious international issues that impact the safety in commerce of our global community. I commend the Government of Vietnam for its peaceful, but courteous stand which led to China's withdrawal of Chinese vessel HD-981 oil rig and I also appreciate the Governments of Taiwan and Japan for peacefully reaching agreement to jointly share fishing resources in their overlapping EEZ zones through the East China Sea Initiative. Resolutions can be achieved through peaceful means and so I sincerely hope that China and the association of Southeast Asia nations will develop an effective code of conduct and I ask respectfully my colleagues to support this resolution. Thank you, Mr. Chairman. Mr. Chabot. Thank you very much, Mr. Faleomavaega and we thank you for your leadership on this issue. As I indicated I support the measure and would urge its passage. Are there any other members who seek recognition? If not, are there any amendments? If not, the question occurs on the motion to report the resolution favorably. All in favor say aye. Any opposed say nay. It appears that the ayes have it. And in the opinion of the Chair, the ayes have it and the motion is approved and the resolution is reported favorably. Without objection, the resolution will be reported favorably to the full committee. And that takes care---- Mr. Faleomavaega. Will the chairman yield? Mr. Chabot. I would be happy to yield to the gentleman. Mr. Faleomavaega. I realize that members of our committee, other members of our committee are not here, but this is not to give the impression that this has not been through the approval process of our committee. There are other members who do support it, but they are not here physically. And I just want to make sure that for the record that the public will understand the situation. Mr. Chabot. Yes, I agree with the gentleman's statement and there are alot of markups going on. I am supposed to be in another markup which is going on right now in another committee and I am sure they are happening all over the place. It is probably the last week before the election which is about a month off and there is a lot of business that is trying to be wrapped up in this week. Mr. Faleomavaega. It is the nature of the beast. Mr. Chabot. It is the nature of the beast. That is for sure. So at this time, the committee will stand adjourned only until we have an opportunity to switch over the necessary places at the desk and as soon as our witnesses arrive, we will get started on the hearing. So we are adjourned for a short period of time. [Whereupon, at 2:15 p.m., the subcommittee was adjourned.] A P P E N D I X ---------- Material Submitted for the Record
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