| The air defense identification zone (English abbreviation ADIZ) created by the United States, as a part of the modern sea and air defense systems, is a special airspace in order to protect the national security of the coastal States. Since the establishment of this system, its legality was once the focus of academic discussion. But as more and more countries have established ADIZ, now, the mainstream view of international law scholars is that ADIZ is based on international law. Furthermore, according to the changing international situation, the development of military technology, rampant terrorist activities, the highlight of the island dispute as well as the need for international relief work etc. in recent years, ADIZ is extremely necessary for the coastal states and even the entire international community. In addition, ADIZ is a reasonable application of residual rights of the exclusive economic zone under the United Nations Convention on the Law of the Sea. In compliance with the premise of "peaceful use of the high seas" and "due regard" principles, ADIZ makes some "restrictive" regulations on foreign aircraft, but does not affect the "freedom of the high seas." According to the analysis of "the material elements" and "the psychological factors" of international custom, ADIZ also cannot be called an international customary which is already formed. But, with the development of more than half a century, more and more countries have established ADIZ, and other non-establishment countries are mostly held supporting or default attitude. The influence and role of ADIZ in the international community has gradually increased. Essentially, it is a kind of developing international custom. In addition, it is a kind of legal act for the coastal states to establish ADIZ for the construction of national defense according to its own defense capabilities and defense needs,and is a reasonable behavior to exercise the national right of self-defense. And the relevant rules of international law does not expressly prohibit coastal states to set up ADIZ, so countries establish it according to its domestic law in the practice. Thus the basis of establishment of ADIZ is reasonable and adequate either from theory or practice. Nowadays, there are more than 20 countries have set up ADIZ around the world, and many countries develop the legal system and the range of ADIZ in accordance with the national defense needs, national defense power and their space policy, etc. Most of them deal with problems of coincidence scope in the learn phase and run-in phase, but they can deal with it peacefully according to their relevant treaty. Therefore, it is unlikely to cause serious international disputes because of the coincidence. In addition, after analyzing the revelations of the main national ADIZ in the practice, we find that the East China Sea ADIZ system is also facing some problems. For example, the domestic legal basis of ADIZ is not sufficient; the effectiveness of announcement is a little low; and the system and regulations are not clear. Therefore, China can develop the full range of relevant laws about ADIZ through laws, rules, regulations and regulatory documents. We can create the Aviation legal system with the basic law such as "the Aviation Law "as a root, the administrative rules and regulations such as "the Regulation of Air Defense Identification Zone "as a trunk, and the flexible and normative rules and legal documents as branches and leaves, and we can make the rules and spirits of ADIZ throughout the system. Meanwhile, we will analyze and process related problems that may exist in the legislative process. Of course, improving the relevant domestic law of air defense identification zone can not only provide sufficient basis for ADIZ, but also benefit for carrying out this system in the East China Sea area. Meanwhile, it has laid a foundation for China as a "maker" to develop ADIZ international convention in the future. The East China Sea ADIZ will increasingly highlight its due role, and China setting up ADIZ over other waters can be expected soon. |
