Author(s)

Haotian Lai ¹

Affiliation(s)

¹ School of Marine Law and Humanities, Dalian Ocean University, No. 52, Heishijiao Street, Shahekou District, Dalian, Liaoning, China

Corresponding Author

Haotian Lai

ABSTRACT

The air Defense Identification zone (ADIZ) is a buffer zone set up by coastal countries to give themselves early warning time and safeguard air security in the face of possible air threats. Its purpose is to maintain national security, unilaterally delimited areas, other countries' aircraft passing through this area, in accordance with the requirements of the establishment of the State, subject to location, identification and control. Many countries have established air defense identification zones in the world, but due to the conflict of interests among countries, even with the support of international jurisprudence, there is still no uniform and clear international law regulation. Since China established its East China Sea Air Defense Identification Zone in 2013, it has overlapped with the air defense identification zones of Japan and South Korea. The overlapping zone of the air defense security zone is one of the prominent problems in the current air defense identification zone system, and there are security risks in the overlapping zone, which will have an adverse impact on state-to-state relations. If China establishes the South China Sea Air Defense Identification Zone, it will certainly overlap with the existing South Asian Air Defense Identification Zone. This paper provides feasible legal suggestions on the establishment of the South China Sea Air defense Identification Zone, analyzes the existing legal regulations, and puts forward solutions to the overlapping areas of the South China Sea Air defense Identification Zone.

KEYWORDS

South China Sea, Overlapping areas of the air defense Identification zone

CITE THIS PAPER

Haotian Lai, Research on the Legal Issues of Establishing Overlapping Areas in the South China Sea Air Defense Identification Zone. Science of Law Journal (2023) Vol. 2: 24-32. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.021105.

REFERENCES

[1] Cao Qun, Jia Ding. Current characteristics and legal analysis of Southeast Asian national Air Defense Identification Zones [J]. South and Southeast Asian Studies, 2023, (04):1-13+151. 
[2] Chen Jinggen. Legitimacy verification of Maritime Air Defense Identification Zone from the perspective of national defense rights: Analysis of the shortcomings of single argumentation method and whole argumentation method [J]. Journal of Political Science and Law, 2021, (02):50-63. 
[3] Ma Xuejiao. Research on Legal Issues concerning the establishment of the South China Sea Air Defense Identification Zone [D]. Nanjing University, 2021. 
[4] Cao Qun, Bao Yinan. On the Hype and misdirection of the West regarding the South China Sea Air Defense Identification Zone: Technical flaws and legal facts [J]. Journal of the Pacific, 2019, 28(12):58-67.
[5] Lin Shangjie. Legal analysis on the establishment of the South China Sea Air Defense Identification Zone [J]. South China Journal, 2018, (09):69-71.

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