Review Of International Law About American Air Defense Identification Zone

Air defense identification zone is a sovereign state’s airspace designated on its adjacent international airspace for national security. It demands the identification, positioning and control for aircrafts that entered. On one hand, air defense identification zone presents challenges to traditional international law; while on the other hand, it corresponds to the trends of the international law. Sovereign state’s unilateral designation of air defense identification zone has generally been respected and approved. Furthermore, with the development of maritime law, especially the generation of exclusive economic zone, the legal status of exclusive economic zone’s airspace challenges the principles of "outside the airspace is public airspace". Air defense identification zone is in conformity of this tendency.The United States of America is the first country to designate air defense identification zone. It constantly revises and improves its national legislation on the air defense identification zone according to its interests and forms a systematic institution. Therefore, America has always been the advocate and leader of air defense identification zone system, and the present air defense identification zones of most countries are modeled on that of America’s. Hence, the international law analysis of American air defense identification zone is meaningful and referable for the clarification of the dispute generated by air defense identification zone.America claims that "outside the airspace is public airspace", and applies the rule to the construction of air defense identification zone system. It regards the nature of air defense identification zone as public airspace, which is directly contradicted to the principle of Chicago Convention of1944. On the contrary, if air defense identification zone is classified as special airspace, the plight of international law it faces will be resolved, which also conforms to the trend of international law. At the same time, it must be pointed out that although developed for over60years and practiced by over20countries, air defense identification zone does not earn the place of customary international law for it does not constitute the international custom. Hence on the issue of air defense identification zone, there is still a vacancy in international law, which directly responsible for the international dispute.It makes the most sense for China to designate the East Sea air defense identification zone in2013. Meanwhile, it should draw on the lessons of American air defense identification zone. Based on grasping the legal basis and accurately recognizing the nature of air defense identification zone, China should construct the zone on the basis of international treaties, settle the system within domestic legislation, actively explore the rights coordination mechanism, and strive to promote the formation of customary law on air defense identification zone.