The Legal Basis And Effect Of China Establishing The Air Defence Identification Zone

Since November23,2013China announced establishing the "air defense identification zone,"known by their initials, ADIZ. The zones has thrown a broader spotlight on the control of international airspace. The zones, which originated early in World War II, have been established by more than a dozen countries with maritime borders, most notably the United States and Canada. The United States was also responsible for defining the zones claimed by Japan, Taiwan and South Korea, a legacy of the American military role played in the region since the Cold War.This topics aimed at through on establishing ADIZ in the involved of legal problem of research, analysis legal basis of this problem, put establishing ADIZ placed international rule of law of framework, combining international rule of law theory and international hot issues, and in analysis current world situation of based, pointed out that China Government should take measures to solve this problem, makes China in ADIZ dispute is dominated and boot status.There are four chapters in the dissertation besides the introduction and the conclusion.The first chapter mainly introduce the conception of ADIZ and legal nature. ADIZ is a part of a national early warning mechanism, it’s a special zone established by the coastal country for its national security in which aircraft need to be identified. The legal nature of ADIZ is not as the territorial airspace, and is different to the EEZ or the high seas.The second chapter mainly analysis the legal basis of establishing the ADIZ. No international treaties or agreements define the size or the rules of air defense identification zones. There is no clearly international law to support set up the ADIZ while its normative form is national law. However, it’s acquired in practice by most countries.The third chapter mainly studies the legal basis on domestic law of several international powers and their practice. An ADIZ has no basis in international law and is not overseen by any international organization. So definitions and rules vary between different countries. ADIZ set up mainly comes from domestic laws of all countries.The fourth part mainly introduces the influence of international after the establishment of the ADIZ. And illustrate the conflict of the overlap and solution, and put forward reasonable suggestions to our country.