The International Law Basis Of The Establishment Of Air Defense Identification Zone

This article probes into the legitimacy and rationality existed in the recognition of the air defense identification zone(ADIZ) from the perspective of international la-w,and further illustrates the legitimacy of the air defense identification zone in the East China Sea. In addition to introduction and conclusion,this paper is divided into four parts.The first part is a basic introduction of the recognition of ADIZ system. It introd-uces the development of ADIZ and defines the meaning and characteristics of ADI-Z.Finally, it explains the practice of ADIZ in the some countries, which will help pe-ople get a better understanding of ADIZ.The second part, it illustrates the system of the ADIZ from the international agre-ement perspective. Although, there are not any special international treaties about the ADIZ system internationally, the ADIZ system is also restricted to principled provi-sions of international agreement, this part explains freedom to fly which root in UNC-LOS and freedom of flight which separate from the international treaties of air,and combines the specific situation of ADIZ system, to commentate that the system of ADIZ doesn’t violate the principled provisions of international treaties.The third part, from the basic elements of international law, illustrates the basis of the establishment of ADIZ. This part,from the three elements-the timeliness, con-sistency, general which form the practice of state, describes the practice of ADIZ .Combining opinio juris which ADIZ have explains ADIZ is a customary rule of int-ernational law,and further explain the rationality ADIZ in the East China Sea.The last part introduces the definition of the right of self-preservation and self-defense, and distinguish between the two rights, and to analyse the argument that wh-ether the system of ADIZ belongs to right of self-preservation or the self defense. Fur-thermore it discusses the necessity for every country to set up ADIZ system under the right of self preservation from the perspective of risk management,and explain the ne-cessity of ADIZ in the East China Sea.