On May 1, 2014 China towed its drilling rig Haiyang Shiyou-981 to the waters deep inside Vietnam’s exclusive economic zone and continental shelf. It has since dispatched vessels, including military ships, and aircraft, to protect the platform. Its ships have intimidated, fired water cannons at and rammed Vietnamese law enforcement vessels, injuring people on board and damaging their property.
China even declared three miles of safety zones around the oil platform, affecting navigation safety in the region and violating the universally recognised principles of international law, including the 1982 UN Convention on the Law of the Sea (UNCLOS).
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| A Chinese frigate travelling around the platform |
In its resolution adopted on July 10, the Senate reaffirms the US government’s strong support for freedom of navigation and other internationally lawful uses of sea and airspace in the Asia-Pacific region, and for the peaceful diplomatic resolution of outstanding territorial and maritime claims and disputes.
It condemns coercive and threatening actions or the use of force to impede freedom of operations in international airspace by military or civilian aircraft, to alter the status quo or to destabilise the Asia-Pacific region.
Although the US, an Asia-Pacific power, is not a claimant party in the East Sea, it has a clear interest in encouraging and supporting regional countries to work collaboratively and diplomatically to resolve the disputes and is firmly opposed to coercion, intimidation, threats, or the use of force.
According to the resolution, the increasing frequency and assertiveness of patrols and competing regulations over disputed territory and maritime areas and airspace in the East Sea are raising tensions and increasing the risk of confrontation.
It says China’s territorial claims and actions are unilateral attempts to change the status quo, violating the 2002 ASEAN-China Declaration on the Conduct of Parties in the East Sea (DOC).
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| A China Coast Guard ship firing water cannons at a Vietnamese boat near the rig |
The US Senate supports efforts by ASEAN and China to develop an effective Code of Conduct, a more legally binding document than DOC to resolve territorial disputes in the East Sea.
It encourages territorial claimants not to undertake new unilateral attempts to alter the status quo since the signing of the 2002 DOC, including no asserting administrative measures or control in disputed areas in the East Sea.
The US Senate urges China to withdraw its oil rig and escort vessels from the current position, marking a return to the status quo before May 1, 2014.
The resolution also criticizes China for unilaterally establishing an Air Defence Identification Zone (ADIZ) in the East China Sea, a move that violates the International Civil Aviation Organisation’s Chicago Convention and causing tensions in relations with regional countries such as Japan and the Republic of Korea.