June 27, 1995 CONGRESSIONAL RECORD — SENATE S 9195 more urban smog, or greater threats to Mr. LAUTENBERG. Mr. President, I The PRESIDING OFFICER. Without the public health and safety. stand here proud of the New Jersey objection, it is so ordered. CONCLUSION Devils’ accomplishment in winning f With these five steps, Mr. President, hockey’s most treasured prize, the we will make federal rules and regula- Stanley Cup. I congratulate the players PROGRAM tions more effective. And we will do and their coaches for an inspiring se- Mr. BENNETT. For the information something even more important. Amer- ries with four straight victories over of all Senators, the Senate will resume icans will be more confident that their the Detroit Red Wings. consideration of the securities bill to- tax dollars are being spent wisely, and This capped an impressive string of morrow at 8:40 a.m. All Senators that we are guaranteeing public health playoff victories over Boston, Pitts- should be aware there will be a rollcall and safety with the absolute minimum burgh, and Philadelphia—victories that vote beginning at 8:45 a.m. on or in re- of bureaucracy and paperwork. resulted in the Devils bringing the lation to the Specter amendment. Fol- So I look forward to the debate on Stanley Cup to my home State for the lowing that vote, there will be a series this bill, and to working with my col- first time in history. It is the first time of votes with a brief period of debate leagues to meet these goals.∑ in history that a national professional between each vote. The first vote will f championship was won by a team with be 15 minutes in length, and the re- ‘‘New Jersey’’ in its name. maining votes in the series will be only CONGRATULATING THE NEW JER- Mr. President, it took a great deal of 10 minutes in length. Following the se- SEY DEVILS FOR WINNING 1995 determination, courage, drive, and dis- ries of votes and 30 minutes of debate, NHL STANLEY CUP cipline—and no small amount of prayer there will be a 15-minute vote on final Mr. SARBANES. Mr. President, I ask on the part of fervent fans—for the passage of the securities litigation. unanimous consent that the Senate Devils to bring this cup home. f proceed to the immediate consider- And they did this despite the fact ation of Senate Resolution 142, a reso- that no one thought they could win it. ORDER TO RECESS lution to congratulate the New Jersey Not when the playoffs started. Not Mr. BENNETT. Mr. President, if Devils for winning the 1995 NHL Stan- when they reached the finals. No one there is no further business to come be- ley Cup, a resolution submitted earlier gave them a chance against the Red fore the Senate, I now ask unanimous today by Senators LAUTENBERG and Wings. consent that at the conclusion of Sen- BRADLEY; that the resolution and pre- But, under the guidance of Head ator PELL’s morning business speech, amble be agreed to, en bloc, and the Coach Jacques Lemaire and with the the Senate stand in recess under the motion to reconsider be laid upon the great help of Claude Lemieux, the previous order. table, and that any statements appear Cup’s Most Valuable Player, and Mar- The PRESIDING OFFICER. Without in the RECORD as if read. tin Brodeur, the Devils demonstrated objection, it is so ordered. The PRESIDING OFFICER. Without everything great about New The Senator from Rhode Island is objection, it is so ordered. Jerseyans—we have the heart, the So the resolution (S. Res. 142) was drive, and the stamina to do it when we recognized. agreed to. have to. f The preamble was agreed to. I will take a moment to mention U.S. RATIFICATION OF THE LAW The resolution, with its preamble, is other outstanding Devils players—Ken OF THE SEA CONVENTION WILL as follows: Daneyko, Bruce Driver, and John ENHANCE OUR NATIONAL SECU- S. RES. 142 MacLean who have each been with the RITY INTERESTS Whereas on October 5, 1982, the New Jersey Devils since 1983 and have helped start Devils played their first National Hockey the team’s long journey to the top. Mr. PELL. Mr. President, in the past League game in New Jersey, embarking on a Also we must commend Jim Dowd, a few months, I have taken the floor on quest for the Stanley Cup which was satis- New Jersey native hailing from the several occasions to highlight how the fied 13 years later; U.N. Convention on the Law of the Sea Whereas the Devils epitomize New Jersey town of Brick, who scored the winning pride with their heart, stamina, and drive goal in game two. would protect the national interests of and thus have become a part of New Jersey Mr. President, anyone who has been the United States with regard to our culture; in New Jersey knows that the Devils— fisheries and our economic activities. Whereas the New Jersey Devils won 10 like our shoreline—are an integral part Today, I wish to address how U.S. rati- games on the road during the Stanley Cup of our culture. And I, along with 8 mil- fication of the convention will enhance playoffs, thus demolishing the previous lion other New Jerseyans look forward our most important interest: national record; security. Whereas the Devils have implemented an to seeing them defend their cup title in ingenious system known as the ‘‘trap’’ that the Byrne Arena next year and the The convention establishes as a mat- was designed by head coach Jacques Lemaire year after as well. ter of international law freedom of which constantly stifled and frustrated their Once again, I would like to congratu- navigation rights that are critical to opponents; late them on their remarkable accom- our military forces. This was high- Whereas Conn Smythe trophy winner plishment, and to thank them for the lighted by the President in his Message Claude Lemieux led the league with 13 play- hard fight they fought to bring the to Congress, transmitting the Conven- off goals, three of which were game-winners, Stanley Cup to the great State of New tion on the Law of the Sea: and goalie Martin Brodeur led the league with a 1.67 goals-against average during the Jersey. The United States has basic and enduring playoffs; f national interests in the oceans and has con- Whereas the New Jersey hockey fans are sistently taken the view that the full range the best fans in the nation and deserve com- ORDERS FOR WEDNESDAY, JUNE of these interests is best protected through a mendation for helping build the team into 28, 1995 widely accepted international framework championship caliber and for supporting the Mr. BENNETT. Mr. President, I ask governing uses of the sea. .. . Each succeed- ing U.S. Administration has recognized this Devils during their drive for the Stanley unanimous consent that when the Sen- Cup; as the cornerstone of U.S. ocean policy. . . . Whereas the New Jersey Devils during the ate completes its business today, it The Convention advances the interests of the playoffs beat Boston, Pittsburgh, Philadel- stand in recess until the hour of 8:40 United States as a global maritime power. It phia and in the finals swept the heavily fa- a.m. on Wednesday, June 28, 1995; that preserves the right of the U.S. military to vored Detroit Red Wings in four games giv- following the prayer, the Journal of use the world’s oceans to meet national secu- ing the state of New Jersey its first-ever the proceedings be deemed approved to rity requirements and of commercial vessels championship for a major league team offi- date, the time for the two leaders be to carry sea-going cargoes. .. . Early adher- cially bearing the state’s name: Now, there- reserved for their use later in the day, ence by the United States to the Convention fore, be it and the Agreement is important to maintain Resolved, That the Senate congratulates and the Senate then immediately re- a stable legal regime for all uses of the sea, the New Jersey Devils for their outstanding sume consideration of S. 240, the secu- which covers more than 70 percent of the discipline, determination, emotion, and inge- rities litigation bill, under the provi- surface of the globe. Maintenance of such nuity, in winning the 1995 NHL Stanley Cup. sions of the previous agreement. stability is vital to U.S. national security S 9196 CONGRESSIONAL RECORD — SENATE June 27, 1995 and economic strength.’’ (Treaty Doc. 103–39, nately, some of these instances involve the Aegean Sea. Turkey has warned p.iii–iv) islands located in international straits against the transformation of this area Secretary of Defense William Perry or along routes used for international into a ‘‘Greek Lake’’ and many have and Secretary of State Warren Chris- navigation and overflight of the high- warned of the possibility of conflict topher emphasized in a joint letter to est strategic importance. Here again, over this issue. The Law of the Sea spe- the Congress last year that: the convention strikes the perfect bal- cifically calls for peaceful resolution of As one of the world’s major maritime ance by guaranteeing to all ships and such disputes and, when the Hamburg powers, the United States has a mani- aircraft, including warships, sub- Tribunal on the Law of the Sea is con- fest national security interest in the marines, and military aircraft a right vened, it could be seized to address dis- ability to navigate and overfly the of passage on, over and under inter- putes such as this one. oceans freely. national straits and archipelagic sea Another potential point of conflict is A recent Department of Defense Re- lanes. to be found in the South China Sea, port on National Security and the Con- The need to protect freedom of navi- where conflicting claims have been vention on the Law of the Sea con- gation is not merely a theoretical staked over the Spratly Islands. These cluded that the United States issue. There have been recent situa- islands have been claimed by the Peo- ... national security interests in having a tions where even U.S. allies denied our ple’s Republic of China, Taiwan, Viet- stable oceans regime are, if anything, even Armed Forces transit rights in times of nam, the Philippines, Malaysia, and more important today than in 1982 when the need. Such an instance was the 1973 Brunei. Recently, some of those claim- world had a roughly bipolar political dimen- Yom Kippur war when our ability to ants have engaged in aggressive activi- sion and the U.S. had more abundant forces resupply Israel was critically depend- ties. The location of the Spratlys is of to project power to wherever it was needed.’’ ent on transit rights through the paramount importance, as the islands (Hearing before the Committee on Foreign Relations on the Current Status of the Con- Strait of Gibraltar. Again, in 1986, lie along strategic sea lanes that con- vention on the Law of the Sea, S. Hrg. 103– United States aircraft passed through nect the Indian Ocean and the Persian 737, pp.61–75) the Strait to strike Libyan targets in Gulf to the Pacific Ocean. Seventy per- In his letter to the Senate accom- response to that government’s acts of cent of Japan’s oil imports travel panying that report Secretary Perry terrorism directed against the United through this route and both the United declared that: States, after some of our allies had de- States and its allies would stand to nied us the right to transit through lose if armed conflict erupted as a re- ... the Convention establishes a universal regime for governance of the oceans which is their airspace. sult of these conflicting claims. The needed to safeguard United States security In April 1992, Peruvian fighters administration recently advised the and economic interests, as well as to defuse strafed a United States C–130 aircraft various claimants that the United those situations in which competing uses of that was 60 nautical miles off the Peru- States would view with serious concern the oceans are likely to result in con- vian coast, well within Peru’s claimed any maritime claim or restriction on flict. .. . Historically, this nation’s security 200-nautical-mile territorial sea, but maritime activity in the South China has depended upon the ability to conduct well outside the 12-nautical-mile limit Sea that was not consistent with the military operations over, under and on the recognized by the Law of the Sea Con- Law of the Sea Convention. oceans. . .. To send a strong signal that the United States is committed to an ocean reg- vention and the United States. This in- In that regard, on June 20, 1995, the ulatory regime that is guided by the rule of cident resulted in the death of one U.S. Committee on Foreign Relations re- law, General Shalikashvili and I urge your service member and the wounding of ported, and on June 22 the Senate support in securing early advice and consent several others, as well as the loss of the agreed to, Senate Resolution 97, intro- of the United Nations Convention on the aircraft. Peru continues to challenge duced by Senator THOMAS and Senator Law of the Sea and implementing Agree- United States aircraft flying over its ROBB, which I cosponsored. This resolu- ment. claimed territorial sea. tion calls on the parties involved in I ask unanimous consent that Sec- There are a number of other situa- this dispute to solve their differences retary Perry’s letter be printed in the tions where having the Law of the Sea in a manner that is consistent with RECORD at the conclusion of my re- in effect might have made a difference. international law. marks. I ask unanimous consent that a sum- I would like to bring to the attention The PRESIDING OFFICER. Without mary of such instances be printed in of my colleagues an op ed piece that objection, it is so ordered. (See exhibit the RECORD at the conclusion of my re- was published on May 26, 1995 in the 1.) marks. Washington Times and I ask unani- Mr. PELL. With the end of the cold The PRESIDING OFFICER. Without mous consent that it be printed in the war, both our vital interests and our objection, it is so ordered. (See exhibit RECORD at the conclusion of my re- ability to defend them have shifted. In 2.) marks. these fiscally difficult times, the con- Mr. PELL. Another way in which the The PRESIDING OFFICER. Without vention allows us to concentrate our convention protects our national secu- objection, it is so ordered. resources on the most strategic points rity interests is by bringing an incred- (See exhibit 3.) of our national security. Illustrations ible amount of stability and certainty Mr. PELL. In it, Keith Eirinberg, a of this phenomenon can be found in the with regard to multiple and sometimes Fellow in the Asian Studies Program provisions of the Law of the Sea Con- divergent ocean uses. Most impor- at the Center for Strategic and Inter- vention that provide for innocent pas- tantly the convention provides the national Studies, calls the Law of the sage, transit passage, and archipelagic most effective brake on excessive Sea Convention perhaps the world’s passage. coastal state maritime claims in ocean greatest diplomatic achievement for The convention allows a coastal areas adjacent to their coasts. having established internationally ac- State to claim a territorial sea that If the United States is not a party to cepted laws for three fourths of the shall not exceed 12 nautical miles the convention, preserving our naviga- earth’s surface. He also clearly dem- measured from the baseline. While this tional rights in nonwartime situations onstrates that excessive claims have no provision recognizes the special rights becomes increasingly costly. The Law standing under the Convention and of the coastal state in the area imme- of the Sea provides very clear rules and that the U.S. ability to influence a diately adjacent to its coastline, it also circumstances according to which peaceful settlement of the dispute over provides specifically for the right of in- these claims need to be recognized. In the Spratly Islands would be enhanced nocent passage for ships, including addition, if the rights of a transiting by U.S. ratification of the treaty. warships and submarines, to transit nation are impeded, the Law of the Sea In addition, on June 22, 1995, Rear through the territorial sea. provides all parties with a very clear Adm. Lloyd R. Vasey (Ret.), a senior Likewise, in some areas, archipelagic set of rules for the peaceful settlement strategist specializing in Asia-Pacific states have been allowed to enclose wa- of disputes. security, wrote in the Christian ters located between the various is- Only a few weeks ago, a potential Science Monitor that the claims over lands of an archipelago, and to claim conflict threatened to erupt over Greek the Spratly Islands should be resolved them as national waters. Unfortu- territorial claims around its islands in through international law and the UN June 27, 1995 CONGRESSIONAL RECORD — SENATE S 9197 Convention on the Law of the Sea. He come a party to the United Nations Conven- Since 1986, Peru has repeatedly challenged added that for its own credibility the tion on the Law of the Sea because of its U.S. aircraft flying over its claimed 200 nau- U.S. needs to complete ratification of concerns about the deep seabed mining pro- tical mile territorial sea. During several of the Law of the Sea Treaty. I ask unani- visions, contained in Part XI of the Conven- these challenges, the Peruvian aircraft oper- tion. The Convention is due to enter into ated in a manner that unnecessarily and in- mous consent that this article be print- force on November 16, 1994, now that the req- tentionally endangered the safety of the ed in the RECORD at the end of my re- uisite number of other states (60) have rati- transiting U.S. aircraft and its crew. This in- marks. fied it. However, consultations were recently cludes an incident where a U.S. C–130 was The PRESIDING OFFICER. Without concluded which resulted in an Agreement to fired upon and a U.S. service member was objection, it is so ordered. correct what the United States has long killed. (See exhibit 4.) viewed as the Convention’s flawed deep sea- In 1986, two Cuban MIG–21 aircraft inter- Mr. PELL. There are scores of other bed mining provisions. The United States cepted a USCG HU–25A Falcon flying outside instances where maritime boundary now intends to sign the Agreement at the of its 12 nautical mile territorial sea, claim- disputes were solved in a peaceful man- United Nations on July 29, 1994. Accordingly, ing it had entered Cuban Flight Information ner, precisely because the Law of the the Convention as modified will be transmit- Region (FIR) without permission. ted to the Senate for its advice and consent Sea establishes such clear rules and In 1988, Soviet warships intentionally at the end of the 103rd Congress. ‘‘bumped’’ two U.S. warships engaged in limitations. If it does not ratify the The Department of Defense fully supports innoncent passage south of Sevastopol in the Convention, the United States will U.S. signature of the Agreement, and ratifi- Black Sea. stand at risk of being left out of the en- cation of the Convention as modified by the In 1984, Mexican Navy vessels approached forcement of this Constitution for the Agreement. In the Administration’s view, U.S. Coast Guard vessels operating outside Oceans, and will be subject to the un- the new Agreement satisfactorily resolves Mexican territorial waters and interfered certainties of customary international the issues that the U.S. Government and with valid USCG law enforcement activities. ocean mining interests raised in the early Libyan claims to the Gulf of Sidra have re- law. 1980’s during deliberations over whether the I have heard arguments that the Con- sulted in repeated challenges and hostile ac- United States should sign the Law of the Sea tion against U.S. forces operating in high vention’s provisions on freedom of Convention. The new Agreement meets these seas. navigation are not really important be- objections by correcting the serious institu- During the 1980’s, transits of the Northwest cause they reflect customary inter- tional and free market deficiencies in the Passage by the USCG POLAR SEA and national law. I disagree with that argu- original Convention. We have received indi- POLAR STAR were challenged by the Cana- ment. cations from other industrialized nations dian Government. Customary international law is in- that, with adoption of the new Agreement, herently unstable. Governments can be they will soon accede to the modified Con- EXHIBIT 3 vention. [From the Washington Times, May 26, 1995] less scrupulous about flouting the The Convention establishes a universal re- precedents of customary law than they gime for governance of the oceans which is U.N. MARITIME PACT COULD PRODUCE SOUTH would be if such actions were seen as a needed to safeguard U.S. security and eco- CHINA SEA SOLUTION violation of their treaty obligations. nomic interests, as well as to defuse those (By Keith W. Eirinberg) Moreover, not all governments and situations in which competing uses of the The recent Clinton administration state- scholars agree that all of the critical oceans are likely to result in conflict. In ad- ment on the Spratly Islands dispute, urging navigation rights protected by the Con- dition to strongly supporting our interests in negotiations instead of force, is the strong- vention are also protected by cus- freedom of navigation, the Convention pro- est declaration yet of U.S. interests in the tomary law. They regard many of those vides an effective framework for serious ef- South China Sea. forts to address land and sea-based sources of rights as contractual and, as such, While critics of the administration argue pollution and overfishing. Moreover, the that the United States should ‘‘draw a line in available only to parties to the Con- Agreement provides us with an opportunity the sand’’ against Chinese aggression in the vention. to participate with other industrialized na- Spratlys, U.S. interests are better served by The concordant judgment of those tions in a widely accepted international efforts to persuade the contesting parties to charged with responsibility for the na- order to regulate and safeguard the many di- follow international law, including the newly tional security of our Nation is re- verse activities, interests, and resources in effective 1982 U.N. Convention on the Law of flected in the report of the Department the world’s oceans. Historically, this na- the Sea, and find a diplomatic solution. of Defense on National Security and tion’s security has depended upon the ability The Republican-controlled Senate can help the Law of the Sea, which states: to conduct military operations over, under, America’s efforts to protect these interests and on the oceans. The best guarantee that by ratifying the Law of the Sea accord, giv- Our principal judgement is that public this free and unfettered access to the high ing this country greater standing as it en- order of the oceans is best established by a seas will continue in the years ahead is for courages a peaceful resolution of the dispute. universally accepted Law of the Sea treaty the U.S. to become a party to the Conven- The Spratly Islands imbroglio is essen- that is in the U.S. national interest. . . . Re- tion, as modified by the Agreement, at the tially a maritime controversy centered on liance upon customary international law in earliest possible time. the question of sovereignty and jurisdiction the absence of the modified Convention In the coming months, we anticipate over geologic features and adjacent waters in would represent a necessarily imprecise ap- heightened public debate of the merits of the the South China Sea. proach to the problem as well as one which Law of the Sea Convention. To put that de- Six nations claim part or all of the requires the United States to put forces in bate into perspective, you will find enclosed Spratlys: the People’s Republic of China, harm’s way when principles of law are not a paper which briefly outlines the history of Taiwan, Vietnam, the Philippines, Malaysia universally understood or accepted. A uni- the original Convention, the steps leading to and Brunei. The dispute has direct implica- versal Convention is the best guarantee of the formalization of the Part XI Agreement, tions for U.S. interests: freedom of naviga- avoiding situations in which U.S. forces and the nation’s vital national security and tion and overflight and the maintenance of must be used to assert navigational free- other interests in becoming bound by the peace and stability in Southeast Asia. doms, as well as the best method of fostering modified Convention. The sovereignty issue appears intractable, the growth and use of various conflict avoid- To send a strong signal that the United so many of the parties have voiced a desire ance schemes which are contained in the States is committed to an ocean regulatory to shelve this point and look to joint devel- Convention. regime that is guided by the rule of law, opment of the area’s resources. China, in a Mr. President, this is not merely my General Shalikashvili and I urge your sup- ‘‘divide and conquer’’ strategy, insists on ne- opinion but that of the professionals port in securing early advice and consent of gotiating bilaterally and rejects a regional whose job it is to protect our Nation’s the United Nations Convention on the Law or international approach. The Association security. We must not ignore their ad- of the Sea and implementing Agreement. of Southeast Asian Nations, which includes vice: United States ratification of the Sincerely, some of the claimants, is interested in a re- WILLIAM J. PERRY. gional solution. Law of the Sea Convention will en- The parties to the dispute, except Brunei, hance our national security interests. EXHIBIT 2 claim ownership over islands, reefs, atolls, EXHIBIT 1 PARTICULAR CASES WHERE HAVING THE LAW rocks and cays in the Spratlys. The Spratlys THE SECRETARY OF DEFENSE, OF THE SEA CONVENTION IN EFFECT MIGHT are important because they lie along strate- Washington, DC, July 29, 1994. HAVE MADE A DIFFERENCE: gic sea lanes and lines of communication Hon. CLAIBORNE PELL, Between 1961 and 1970, Peru seized 74 U.S. that connect the Indian and Pacific oceans. Chairman, Committee on Foreign Relations, fishing vessels over disputed tuna fisheries. More than 70 percent of Japan’s oil imports U.S. Senate, Washington, DC. In 1986, Ecuador interfered with a USAF and a large volume of global commerce trav- DEAR MR. CHAIRMAN: In 1982, the United aircraft flight over the high seas 175 miles el along this maritime route. The Spratlys States made a decision that it would not be- from the Ecuadorian coast. are domestically important to the claimants S 9198 CONGRESSIONAL RECORD — SENATE June 27, 1995 because of the politics and patriotism re- leaders find a way to defuse tensions over Such colliding claims ought to alert Wash- flected in ownership. territorial disputes in the South China Sea. ington to pay much closer attention to this It is the potential of vast hydrocarbon re- With several countries on a collision course, high-stakes strategic game. The implica- sources beneath the seabed that has caused a major regional crisis is waiting to happen. tions for American interests are disturbing: this dispute to become a flash point in East At issue are claims of sovereignty over the future access to resources, freedom of the Asia. The energy needs of the developing Spratly and Paracel Islands—hundreds of is- seas, the balance of power, and regional sta- claimants have made the exploitation of oil lets and reefs and surrounding seas believed bility are all involved. and gas beneath the South China Sea espe- to be rich in oil, gas, and other resources. cially attractive. China, which urgently needs new energy The US should now revamp its policy of re- The U.N. Convention on the Law of the sources, is the central disputant; others in- lying on ASEAN even when important Amer- Sea—perhaps the world’s greatest diplomatic clude Vietnam, Brunei, Malaysia, the Phil- ican interests are involved. Instead, the US achievement for having established inter- ippines, and Taiwan. China’s claims are his- should volunteer to act as honest broker to nationally accepted laws for three-fourths of torically based, going back several centuries work out production-sharing agreements for the earth’s surface—can provide the frame- when the South China Sea was an area of joint development of resources in contested work for a diplomatic solution. For example, preeminent Chinese influence and power. areas, and request disputants to put sov- it prescribes the methods for determining Currently they have no basis in inter- ereignty claims on hold. These claims should boundaries. Of the claimants, the Philippines national law, and claims of some of the other be resolved through international law and and Vietnam have ratified the convention. countries are also questionable. To Beijing, however, ownership is nine- the UN Convention on the Law of the Sea. The prevailing view in Asia is that China is tenths of the law. While advocating a diplo- For its own credibility the US needs to com- matic solution, it has aggressively placed en- deliberately expanding its geopolitical influ- plete ratification of the Law of the Sea Trea- campments and markers in contested areas ence in the region. This perception was dra- ty, now in the Senate. Leadership won’t cost of the Spratlys. This ‘‘talk and take’’ pat- matically reinforced in 1992 when the Chi- Washington an extra dime, nor will it re- tern was most recently illustrated in China’s nese People’s Congress declared ownership of quire any troops. Crisis prevention is what occupation of Mischief Reef in Philippine- the waters around the Spratlys and Paracels it’s all about. claimed territory. and readiness to use military power to de- China’s cavalier attitude to international fend its interests. The claim would make the f law is also shown by its 1992 territorial sea South China Sea a virtual Chinese lake law. This declares Chinese jurisdiction over straddling shipping lanes carrying huge vol- RECESS UNTIL 8:40 A.M. umes of global trade, including the oil life- virtually all of the South China Sea—a claim TOMORROW that has no basis in modern international lines of Japan and South Korea. law. Indonesia and other countries of the Asso- The PRESIDING OFFICER. Under China must play by the rules. Washington ciation of Southeast Asian Nations (ASEAN) encourages Beijing to join the international have convened unofficial forums seeking to the previous order, the Senate stands community in many different areas, from resolve the disputes, but progress on the is- in recess until 8:40 tomorrow morning. nuclear proliferation to human rights. But sues has stalled. There being no objection, the Senate, Washington finds itself in a poor position to Regional tensions escalated last month at 9:38 p.m., recessed until Wednesday, persuade Beijing to ratify the Law of the Sea when Philippine president Fidel Ramos chal- accord without having done so itself. lenged China’s ‘‘illegal’’ occupation of a June 28, 1995, at 8:40 a.m. U.S. administrations had resisted ratifica- small atoll in the Spratlys aptly named Mis- f tion because of inequities in the deep-seabed- chief Reef. mining provisions. But changes to the con- It lies well within the Philippine’s 200 mile vention have addressed U.S. objections. Exclusive Economic Zone but also within the NOMINATIONS Last year, with strong Defense Department area claimed by Beijing. backing, the White House signed the amend- China hasn’t hesitated to use force in as- Executive nominations received by ed Convention on the Law of the Sea and serting territorial claims. In 1974 it seized the Senate June 27, 1995: sent it to the Senate for ratification. most of the Paracel islands east of Vietnam. JUDICIARY America’s ability to influence a peaceful In 1988, the two engaged in bloody clashes settlement of the Spratly Islands dispute over the Spratlys. TODD J. CAMPBELL, OF TENNESSEE, TO BE U.S. DIS- would be enhanced by U.S. ratification of the TRICT JUDGE FOR THE MIDDLE DISTRICT OF TEN- Indonesians are deeply suspicious of Chi- treaty. In light of the tensions in the South NESSEE, VICE THOMAS A. WISEMAN, JR., RETIRED. na’s revision of a map that now depicts part China Sea, this step should be taken soon. JAMES M. MOODY, OF ARKANSAS, TO BE U.S. DISTRICT of the maritime area around Natuna island, JUDGE FOR THE EASTERN DISTRICT OF ARKANSAS, VICE hundreds of miles south of the Spratlys, to HENRY WOODS, RETIRED. EXHIBIT 4 be under Chinese jurisdiction. Indonesia’s EVAN J. WALLACH, OF NEVADA, TO BE A JUDGE OF THE [From The Christian Science Monitor, June U.S. COURT OF INTERNATIONAL TRADE, VICE EDWARD D. military leaders have announced that they 22, 1995] RE, RETIRED. will defend their national interests by force COLLISION IN THE CHINA SEA—WORLD OIL AND if necessary. What makes the issue particu- U.S. INFORMATION AGENCY SHIPPING LANES AT STAKE IN MULTINATION larly irksome to Indonesia is that a $35 bil- ALBERTO J. MORA, OF FLORIDA, TO BE A MEMBER OF DISPUTE lion deal involving a United States oil com- THE BROADCASTING BOARD OF GOVERNORS FOR A TERM (By Lloyd R. Vasey) pany was signed last year to help develop the OF 2 YEARS. (NEW POSITION.) East Asia’s economic momentum may Natuna gas field, possibly one of the world’s grind to a premature halt unless political largest.