Some Issues Regarding The System Of Air Defense Identification Zone

International aviation laws and the domestic laws of different countries have different definitions of Air Defense Identification Zones,but the state practices show that there are some basic elements should be included in the definition.On this basis,the author defines the definition of Air Defense Identification Zone as:an area of the airspace above the waters outside the territorial sea,through which the coastal states can maintain national security and try to identify the aircraft,locate the aircraft,or take some other technical assistance measures based on the domestic law.At the present day,there are some typical state practices:the American ADIZ,which was the first ADIZ set up and has retained so far,the Canadian ADIZ,which was established later and coordinated with the American ADIZ,the French ADIZ,which only maintained for a short time,and the East China Sea ADIZ.The major power of the establishment of ADIZ is to maintain national security,but a lot of countries would take both the economic and security interests into account and finally wouldn't try to establish an ADIZ,which leads to the present situation of state practices.In this paper,there are also some analysis in-depth on the International Law basis of Air Defense Identification Zone.In the level of international convention,international aviation laws,which taking effect in an earlier era,had not realized this special air zone as a result of the background at that time.While the international marine laws,which came into effect later,just put it into the controversial subject of residual rights.In addition,the Air Defense Identification Zone does not comply with the strict requirements of self-defense in international community.What's more,on the level of customary international law,the state practices of some Air Defense Identification Zone have not reached any commons or consistence currently,and the compliances with the Air Defense Identification Zone are more of an international comity,which means that the Air Defense Identification Zone has not been an international custom.Therefore,the Air Defense Identification Zone does not have a clear basis in International Law.Based on the relationship between Air Defense Identification Zone and the International Law,it is not difficult to find that the Air Defense Identification Zone under domestic law is a "gray area" of the state rights in essence.The Air Defense Identification Zone of coastal states should not only try to avoid destroying the prohibited regulations,but also should consider the rights of the existing provisions in the International Law.In addition,the nature of "gray area" also determines some necessary features of the Air Defense Identification Zone,including remaining,technical,assistant and coastal.In other words,the regulations of the Air Defense Identification Zone are assistant technical measures based on its character of remaining and taken by coastal states to safeguard the national security.There are some key problems in the application and implementation of the Air Defense Identification Zone,including setting the range,the target and the procedure of implementation and so on.The author thinks that,as for the matter of setting the range,there are no unity in both the state practices and theory,the problem of overlap can only be solved case-by-case.And as for the target of application,the author considers that,based on purpose and nature of the Air Defense Identification Zone,there is no need to distinguish the type of aircraft or their destinations.The Air Defense Identification Zone should apply to all the aircrafts.Finally,in the procedure of implementation,each country should judge at first and then take actions.The actions should be necessary and appropriate,and,in particular,pay attention to the existing rules of International Law for the protection of civil aircraft.As for the construction of our Air Defense Identification Zone.On the one hand,the establishment of the East China Sea ADIZ results in many countries' strong reaction in both words and action,but ADIZ is our first step to enhance our combat capabilities and develop our marine rights,therefore,our country did not respond to this immediately.At the same time,the establishment of the East China Sea ADIZ is of vital importance for the explicit expression of our rights in the related area and the collection of flight information above the area.In addition,America and Japan can't change the fact of our construction and implementation of the East China Sea ADIZ through the so-called the international civil aviation dispute settlement.On the other hand,facing the suspects of our next step,we should realize that the establishment of the South China Sea ADIZ depends on the demand of national safe,national defense capability,international political environment and other factors,which is a complex systematic engineering.From an overall point of view,we should realize the nature of the Air Defense Identification Zone,and balance each party's interests,through which we can combat other countries criticizes and provocation,protect the safety of our air,and realize the true value of the Air Defense Identification Zone finally.