[At-Large] [APAC-Discuss] Draft Trans Pacific Partnership Agreement on IP

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Sun Sep 9 10:48:52 UTC 2012

> Snip
> China has strongly felt that it is being surrounded by this
> "partnership" net by its long Pacific coast. Although China has
> expressed its interested in at least observing the negotiation at last
> APEC summit in November 2011, it was turned down. It is unlikely that
> China would be welcome in at the APEC summit right now in Russia.
> Hong
> Here was what happened pre-APEC between US and China
> Remarks With Chinese Foreign Minister Yang Jiechi
> Remarks
> Hillary Rodham Clinton
> Secretary of State
> Great Hall of the People
> Beijing, China
> September 5, 2012
> ------------------------------
> *MODERATOR: *(Via interpreter.) Ladies and gentlemen, the joint press
> conference of Foreign Minister Yang Jiechi and Secretary of State Hillary
> Clinton will now begin. Now Foreign Minister Yang will make an opening
> statement.
> *MODERATOR: *(Via interpreter.) Now Secretary Clinton will make an
> opening statement.
> *SECRETARY CLINTON:* Let me begin by thanking Foreign Minister Yang for
> his long commitment to strengthening the bonds between China and the
> United States. And we have had constructive and productive in-depth
> discussions last night for a number of hours and then again this morning
> with President Hu Jintao. I conveyed to President Hu Jintao the warm
> regards from President Obama.
> I am pleased to return to China for my fifth visit, I think, although
> I’ve lost track, as U.S. Secretary of State. I came on my very first trip
> in early 2009, and this has been part of our overarching engagement in
> Asia. And as Minister Yang just said, we have institutionalized a number of
> mechanisms for ongoing dialogue. Our Strategic and Economic Dialogue, our
> consultation on People-to-People Exchange, our Strategic Security Dialogue,
> our Asia Pacific Consultation, our new Middle East Dialogue, and all the
> rest of our engagement really exemplifies how hard we are working at every
> level of our government to build habits of cooperation and to open channels
> of communication. We literally consult with each other almost on a daily
> basis about every consequential issue facing our nations and the world
> today.
> As I have said before, our two nations are trying to do something that has
> never been done in history, which is to write a new answer to the question
> of what happens when an established power and a rising power meet. Both
> President Obama and I have said frequently that the United States welcomes
> the rise of a strong, prosperous, and peaceful China. We wantChina to
> continue to succeed in delivering economic opportunity to the Chinese people.
> That will, in turn, have a positive impact on the global economy. We want
> China to play a greater role in world affairs. That strengthens global
> stability, helps solve urgent challenges. And we are convinced that our two
> countries gain far more when we cooperate with one another than when we
> descend into an unhealthy competition. So we are committed to managing our
> differences effectively and expanding our cooperation wherever and whenever
> possible.
> We see this moment as a historic opportunity for our two countries, and
> indeed, for others as well. To make the most of it, the United States and
> China must strive to achieve practical outcomes that benefit each of us
> as well as the broader region and world. That has been the theme of my
> meetings in Beijing today, and it started with our extensive conversations
> with the Foreign Minister and his colleagues, which went well past midnight
> and then continued this morning. Later today, I will be meeting with other
> Chinese officials, as the Foreign Minister has just outlined. And let me
> say how pleased I am to have this chance to exchange views in advance of
> APEC, where I will be representing President Obama.
> One issue we discussed at length is the evolving situation in Syria. The
> United States strongly believes the simplest and best solution to end the
> violence is for there to be a peaceful political transition that respects
> the dignity, aspirations, and rights of the Syrian people. The United
> States wants to work with China and other international partners to take
> effective steps to end the violence and bring about that political
> transition, because doing so, we believe, serves our common interest as
> well as the interest of Syrians and others in the region.
> We discussed our shared commitment in preventing Iran from acquiring
> nuclear weapons and our work together in the P-5+1 as well as at the
> upcoming IAEA Board of Governors meeting. China recently reduced its
> purchase of Iranian oil; and while it took this step for its own commercial
> and energy security reasons, it aligns with our shared interest regarding
> Iran and our hope that Iran will live up to its international obligations.
> We had a productive conversation about how China can use its unique
> influence with respect to North Korea. There is an opportunity for the new
> leadership in North Korea to improve the lives of the North Korean people.
> At the same time, we wish to continue our joint efforts to bring about the
> denuclearization of the Korean Peninsula.
> I also raised the growing threat of cyber attacks that are occurring on an
> increasing basis. Both the United States andChina are victims of cyber
> attacks. Intellectual property, commercial data, national security
> information is being targeted. This is an issue of increasing concern to
> the business community and the Government of the United States, as well
> as many other countries, and it is vital that we work together to curb this
> behavior.
> Another issue, as the Minister mentioned, was the South China Sea. I
> reiterated, as I have on many occasions, the United States does not take
> a position on competing territorial claims. Our interest is in the
> maintenance of peace and stability, respect for international law, freedom
> of navigation, and unimpeded lawful commerce. And as a friend to the
> countries involved, we do believe it’s in everyone’s interest that China and
> ASEAN engage in a diplomatic process toward the shared goal of a code of
> conduct.
> On some of these issues, China and the United States have much to agree
> on, and we are engaged in very cooperative behavior to try to reach our
> common goal. On others, such as human rights, we do not always see eye to
> eye, but we continue to talk together. And we will never agree on all
> matters. No two countries do. But we are learning how to manage our
> differences, deal openly with misunderstandings when they do occur, and
> remain in communication as transparently and clearly as possible. We have
> taken to heart the vision set by our two presidents to build a relationship
> that is positive, cooperative, and comprehensive and that delivers benefits
> to both our nations, and that, in turn, helps to drive peace, stability,
> progress, and prosperity throughout the region and the world.
> So let me again thank the Foreign Minister and President Hu Jintao for
> this friendship, for this very important set of consultations. I look
> forward to the rest of my meetings today, and I thank the people of China for
> once again welcoming me and my delegation to your country.
> *FOREIGN MINISTER YANG:* (Via interpreter.) Thank you, Madam Secretary.
> *MODERATOR:* (Via interpreter.) Now we open up the floor for questions. *
> China Daily.*
> *QUESTION:* (Via interpreter.) Good morning, Madam Secretary. The United
> States is implementing a rebalancing strategy in the Asia Pacific region.
> And some senior U.S. officials, including yourself, have repeatedly said
> that this is not targeted at China. But judging from some recent U.S.
> moves in the region, including the strengthening of military alliances with
> countries in the region, many people have come to the conclusion that the
> fundamental role of the strategy is to contain China and to thwart China’s
> development. How do you look at this?
> *SECRETARY CLINTON:* Well, thank you for asking that question, because I
> want to be very clear. As the President and I have said many times, the
> United States welcomes a strong, stable, prosperous China that plays a
> role in world affairs commensurate with its size and helps to maintain and
> shape the global order. And we believe strongly that China has a vital
> role as a force for security and peace, stability and prosperity,
> regionally and globally. And so along with the rest of the international
> community, the United States counts on China’s leadership in addressing
> many of our common global challenges.
> So that is why we have worked so intensively. We have deepened and
> broadened our cooperation on a range of issues bilaterally, regionally, and
> globally. Our two presidents have met 12 times. Vice President Biden and
> Vice President Xi have had very successful exchanged visits in each of our
> countries. We have held four Strategic and Economic Dialogues, which took
> the government-to-government relationship much deeper and broader than at
> any time prior to the Obama Administration.
> So I’m very proud of the strength and resilience that we have built into
> our relationship. It makes it possible for us to talk about anything and to
> find ways to tackle issues frankly and forthrightly.
> Now, that includes our work on economic and trade issues, which are very
> critical to creating jobs and opportunity on both sides of the Pacific. We
> are very clear, as we have these discussions, about the need to develop
> what we call a level playing field for economic investments in both our
> countries. It also enables us to work together through multilateral
> institutions, like the East Asia Summit, which the United States has
> joined out of respect for the importance of that organization; APEC, which
> is another vehicle. I’ll be seeing President Hu and other Chinese officials
> in Vladivostok in just a few days.
> So it means we can cooperate on a much broader range of issues, but we do
> not see eye-to-eye on everything. And I would not expect anyone to imagine
> that two countries as large and diverse as we are would ever see
> eye-to-eye. We have different experiences, different perspectives. But what
> we have done is to embed the importance of dialogue and cooperation so that
> when we work together, it’s to the benefit of everyone. When we have these
> differences, we work through them.
> And I am absolutely convinced that our collaboration has been vital. We’ve
> worked together on peace in Sudan and South Sudan. We are working to deal
> with Iran’s nuclear ambitions. We haven’t agreed on how to handle Syria,
> but we haven’t stopped talking about what should be done, because the
> violence continues. The instability is quite concerning. We don’t agree on
> a lot of human rights issues, but we have maintained a strong and ongoing
> dialogue. And this is a relationship that matters to both of us, and I am
> very convinced that we’ve established a strong foundation,
> government-to-government and people-to-people.
> I cannot help what someone in your country says or someone in my country
> says. We are going to have critics in both of our countries who are going
> to second-guess decisions that we are making. But I feel strongly that we
> are on the right track in building a positive, cooperative, comprehensive
> relationship for the 21st century.
> *MS. NULAND:* All right. Next question. (Laughter.) The next question,
> Indira Lakshmanan from Bloomberg News, please.
> *QUESTION:* Thank you. Foreign Minister Yang, your ministry spokesman
> said this week that countries outside the region shouldn’t intervene in
> China Seas territorial disputes. Do you accept that the U.S. has a
> legitimate national interest in ensuring freedom of navigation and commerce
> in the South and East China Seas? Or does Vice President Xi’s
> cancellation of his meeting with the Secretary signal displeasure with U.S.
> interference? And do you agree with statemedia commentaries that say
> increased U.S. naval and military presence in the Pacific is about
> containing China?
> And Madam Secretary, do you come out of these talks any more confident
> that China is ready to sign up to a code of conduct on the South Seas
> issues?
> Thank you.
> *FOREIGN MINISTER YANG: *(Via interpreter.) On the South China Sea, the
> position of the Chinese Government has been consistent and clear-cut.
> China has sovereignty over the islands in the South China Sea and their
> adjacent waters. There is plentiful historical and jurisprudential evidence
> for that.
> As for the dispute over the sovereignty of some islands and reefs of the
> Nansha Islands and the overlapping rights, interests, and claims over some
> waters of the South China Sea, these should be discussed by the directly
> concerned countries on the basis of the fact – of historical fact and
> international law, and handled and settled through direct negotiations and
> friendly consultation. People talk about the importance of respecting the
> DOC. What I have outlined is not just China’s position, but an important
> principle and spirit of the DOC. It is the consensus of all the signatories
> to the DOC and important commitment the parties have made.
> Recently, I have visited several of these Asian countries, who are also
> member-states of ASEAN. Like China, these countries also believe that the
> parties concerned should act in accordance with the principles and spirit
> of the DOC and on the basis of consensus work towards the eventual adoption
> of a code of conduct in the South China Sea.
> Nowhere else do China and the United States share more converging
> interest and interact more frequently than in the Asia Pacific region. At
> the moment, the international situation continues to undergo profound and
> complex changes, and the prospect of a world economic recovery is still
> quite grim. We hope that China and the United States will work together
> to develop a positive and pragmatic relationship. That is also the shared
> expectation of the people in the Asia Pacific region. We hope to work with
> the United States and other countries in the Asia Pacific to make our
> region one of openness, inclusiveness, mutual benefit, and win-win progress.
> As for the United States policy towards the Asia Pacific region, we have
> always hoped that the United States would size up the situation and make
> sure that its policy is in conformity with the trends of our current era
> and the general wish of countries in the region to seek peace, development,
> and cooperation. And this is also China’s wish and has been China’s way
> of behavior. We believe our two sides should step up consultation on Asia
> Pacific affairs and to make a success of the East Asia Summit and other
> important meetings before the end of the year.
> And I wish to emphasize that the Asia Pacific Economic Leaders meeting is
> just a couple of days away. Our two sides need to step up communication and
> cooperation to make sure the APEC meeting will be a full success.
> The current schedule of the Secretary’s visit has been agreed by the two
> sides. I hope people will not add unnecessary speculation. We attach a
> great deal of importance to Secretary Clinton’s visit to China. And I
> want to add also that the freedom and safety of navigation in the South
> China Sea is assured. For China and our neighboring countries, the South
> China Sea is really a lifeline for exchanges, trade, and commerce. There
> is no issue currently in this area, nor will there ever be issues in that
> area in the future. Thank you.
> *SECRETARY CLINTON:* I appreciate the Minister’s comments about the
> commitment China has to a code of conduct that was foreshadowed in the
> Declaration of Conduct agreed to by China and ASEAN nations 10 years ago.
> We believe, as I said in Jakarta, that it is timely now to proceed with
> that work and help to lower the tensions and create the code of conduct in
> the next period, hopefully in preparation for the East Asia Summit.
> After my talks over the last few days, I believe that with leadership and
> commitment China and ASEAN can ramp up their diplomacy. And the United
> States stands ready to support that process in any way that would be
> helpful to the parties.
> *MS. NULAND:* Next question, Margaret Brennan, CBS News.
> *QUESTION:* Thank you. On Iran, it’s continuing to pursue a nuclear
> program and negotiations have stalled. Specifically, what steps is China willing
> to take to prevent the pursuit of a nuclear weapon?
> And on Syria, China at the Security Council has blocked any outside
> intervention to stop the ongoing violence. Is there any agreement on how to
> bring about a political transition?
> *FOREIGN MINISTER YANG: *(Via interpreter.) On the question of nuclear
> issues in the Middle East, I wish to emphasize that China is opposed to
> the efforts of any country, including Iran, to develop nuclear weapons. At
> the same time, we believe the Iranian nuclear issue should be resolved
> peacefully through diplomatic negotiations. We believe there is positive
> value in the P-5+1 dialogue with Iran, whatever form it may take. We
> believe the parties should continue to exercise calm and be committed to
> diplomatic negotiations.
> Some parties have put forward some proposals. They need to be studied
> seriously. The positive elements in those proposals should be taken
> seriously and be incorporated. China has been active and serious in our
> participation in P-5+1 dialogue with Iran. And in our contact with various
> parties, we’ve been emphasizing that there should be a clear and objective
> reading of the situation. China stands ready to stay in close contact,
> communication, and coordination with the United States and other relevant
> parties on the Iranian nuclear issue.
> China strictly abides by the relevant UN Security Council resolutions. Of
> course, all along we have been opposed to unilateral sanctions. When such
> sanctions affect other countries and damage other countries’ interests, it
> is something we cannot accept. Although there might be some divergent views
> between China, the United States, or others on the Iranian issue, we
> believe there is an ongoing momentum of exchange, communication, and
> cooperation. And we hope to sustain the momentum of exchanges and
> cooperation with the relevant parties. China will continue to work
> persistently for the peaceful settlement of the Iranian nuclear issue.
> On the question of Syria, I wish to emphasize that although Mr. Kofi Annan
> has stepped down as the Joint Special Envoy, but it is the general view of
> the international community that his six-point plan should continue to be
> implemented. Secretary Clinton and I and the foreign ministers of some
> other countries took part in the Foreign Ministerial Meeting of the Action
> Group for Syria, which took place in Geneva. Like many countries, China shares
> the view that the communique of that foreign ministers meeting has positive
> significance for appropriately handling and resolving the Syrian issue. And
> we are willing to ramp up communication with the relevant countries in the
> UN Security Council and to carry out coordination. And the relevant UN
> Security Council resolutions regarding Syria should be implemented in
> earnest.
> Although the situation is very complex, China has been emphasizing all
> along that the various parties should arrive at a cessation of fire and an
> end to violence, and the various parties in Syria should begin a political
> dialogue. And like many countries, we support a period of political
> transition in Syria.
> We also believe that any solution should come from the people of Syria and
> reflect their wishes. It should not be imposed from outside. We are all
> member-states of the United Nations. We believe that on the question of
> Syria the purposes and principles of the UN Charter should be upheld and
> implemented, especially the principle of non-interference in other
> countries’ internal affairs.
> And on the question of Syria, let me emphasize that China is not partial
> to any individual or any party. I think history will judge that China’s
> position on the Syrian question is a promotion of the appropriate handling
> and resolution of the Syria issue. For what we have in mind is the interest
> of the people in Syria and the region and the interest of peace, stability,
> and development in the region and around the world.
> The various countries have some differing views on the issue of Syria. I
> believe the parties need to increase their consultation, all for the sake
> of peace, stability, and development in the region as well as the well
> being of the Syrian people.
> *SECRETARY CLINTON:* Thank you very much for your question. And before I
> turn to Syria, let me just say we have worked very closely with China in
> the P-5+1 and in the Security Council to create unprecedented pressure on
> the Iranian Government.
> With respect to Syria, it is no secret that we have been disappointed by
> Russia and China’s actions blocking tougher UN Security Council
> resolutions, and we hope to continue to unite behind a real path forward to
> end the violence in Syria. We share the goal of wanting to see the violence
> end and the political transition begin, and we are discussing additional
> ways we can bring that about.
> We believe that the situation in Syria is a threat to peace and stability
> in the entire region, and the longer the conflict goes on the greater the
> risk that it spills over borders and destabilizes neighboring countries. We
> have already seen dangerous clashes in Lebanon and growing tensions in
> Turkey and Jordan. We have discussed with our Chinesecounterparts the
> need to respond to the UN’s appeal for contributions to support the
> humanitarian needs of the people. The best course of action remains to
> unite the Security Council behind real consequences if President Assad
> continues to brutalize his own people and threaten the security of the
> region.
> I agree with the Foreign Minister that the communique issued as a result
> of our meeting in Geneva is a very useful framework for moving forward, and
> we will continue to consult to see whether that is something that the
> Security Council itself could adopt as a message to the government and the
> opposition about what is expected.
> Meanwhile, the United States will continue to work with a growing group
> of likeminded nations to support the Syrian opposition and plan for the day
> after Assad goes, because we are convinced that he will. Thank you.
> *MODERATOR:* (Via interpreter.) Final question, Xinhua News Agency.
> *QUESTION:* (Via interpreter.) I have a question for Foreign Minister
> Yang. We’ve taken note of the repeated statements from both China and the
> United States on various occasions that both sides are committed to
> building a cooperative partnership and to exploring a new type of major
> country relationship. But we also see that from time to time the two
> countries have disputes on some economic and trade issues. Some people even
> posit that confrontation between Chinaand the United States is
> inevitable. How do you look at this?
> *FOREIGN MINISTER YANG: *(Via interpreter.) Before answering this
> question, please allow me to make some additional points regarding the
> Iranian nuclear issue.
> The UN Secretary General and the Arab League have appointed a new Joint
> Special Envoy for Syria, Mr. Brahimi. Recently, I talked with him on the
> phone. I said in the phone call that China fully supports his mediation
> efforts, and we hope all the parties will also support his mediation
> efforts so that there can be an appropriate and peaceful solution to the
> situation in Syria.
> We hope that members of the international community will bring their
> positive influence to bear and get the various parties in Syria to adopt a
> realistic, calm, and constructive attitude so that there can be an early
> beginning of political dialogue and transition in that country. A Syria
> that is peaceful, stable, and enjoying development, bringing benefits to
> the people of not just that country but also the region.
> And we pay very close attention to the humanitarian issue surrounding
> Syria. We have already channeled humanitarian assistance to some people in
> Syria in plight, and we will provide assistance to the Syrian refugees in
> Lebanon, Jordan, and some other countries.
> This year marks the 40th anniversary of Mr. Nixon’s visit to China and
> the issuance of the Shanghai Communique. In these 40 years, the China-U.S.
> relationship has gone through a lot, but generally speaking it has been
> continuously moving forward, bringing tangible benefits to the people of
> our two countries and contributing to peace, stability, and development in
> the world. President Hu Jintao and President Obama have had 12 face-to-face
> meetings, and they have reached important consensus on working together to
> push forward a China-U.S. cooperative partnership based on mutual respect
> and mutual benefit and on working together to explore the construction of a
> new type of major country relationship. This points the direction for the
> further development of our bilateral relationship. The various government
> departments in both countries should redouble efforts to implement this
> joint vision of our presidents.
> The economic relationship between China and the United States is an
> important driving force of our overall relationship. In the economic
> exchanges between two large nations such as ours, it is quite inevitable
> that there might be some disputes or even frictions. We hope that both
> sides will act in the spirit of openness and appropriately handle and
> resolve these issues through consultation. Actually, the two sides have
> already made some important progress in that regard.
> China and the United States differ from each other in our histories, our
> cultures, ideologies, social systems, and actual national conditions. So
> it’s impossible for our two countries to see eye to eye on all the issues,
> but we believe that the mutual respect for each other’s core interests and
> major concerns is an important precondition for the steady and smooth
> development of our bilateral relationship. If we can stay focused on that,
> then we can overcome various disputes or frictions and their distraction to
> the relationship and maintain the dialogue and cooperation, which is the
> primary facet of our relationship and to make sure this relationship will
> continue to be mutually beneficial going forward.
> It is apparent to all that China has made important progress in its human
> rights. On the basis of mutual respect and nonintervention in other’s
> internal affairs, we’d like to continue to have human rights dialogue with
> the United States and some other countries.
> Like many countries, China is also a victim of cyber attacks. We’d like
> to work with the United States and some others to step up our
> communication and cooperation with respect to ensuring cyber security.
> And China is making continuous efforts towards the denuclearization of
> the Korean Peninsula and the maintenance of peace and stability on the
> Peninsula. We support the efforts of the relevant countries to maintain and
> increase dialogue with the Democratic People’s Republic of Korea.
> In short, history and facts has repeatedly proven that China and the
> United States have interwoven interests, and cooperation will benefit
> both sides where confrontation will hurt both sides. It has been China’s
> clear choice to work to promote our cooperative partnership with the United
> States on the basis of the three joint communiques and joint statements.
> This will serve the fundamental interests of people in both countries, and
> it is what the international community expects us to do in the 21st
>  century.
> Thank you.
> *MODERATOR:* (Via interpreter.) This brings us to the end of the joint
> press conference. I want to thank Foreign Minister Yang and Secretary
> Clinton.

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