Abstract ▼ AI-Helper

A study on the overlapping of air defense identification zones of Korea, China and Japan and the possible solutions thereto Airspace is governed by two fundamental principles. First, the principle of sovereignty governs the airspace above the land territory of a State and the airspace above the belt...

A study on the overlapping of air defense identification zones of Korea, China and Japan and the possible solutions thereto Airspace is governed by two fundamental principles. First, the principle of sovereignty governs the airspace above the land territory of a State and the airspace above the belt of territorial sea adjacent to its coast known as the territorial sea. Second, the principle of freedom of overflight governs the airspace above the seas outside the limits of the territorial sea of any State. By analyzing international treaties and international customary law, we might easily find that an air defense identification zone(ADIZ) is neither permitted nor prohibited. Therefore the operational practices governing ADIZs are different among countries which established ADIZ. The declaration of the　ADIZ by China has raised the concern of overlapping ADIZs among Korea, China and Japan. Basically the overlapping problems are strongly related with the sovereignty disputes over the islands(Senkaku/Diaoyu/Socotra Rock/Ieodo/Dokdo). After the declaration of China's ADIZ, the escalation between China and Japan was significantly dangerous; the U.S. and Japan sent military aircraft into China’s ADIZ, while China responded by sending fighter jets and AWACS (Airborne Early Warning and Control System) into the area. Recognizing the need of resolving the overlapping issues, this thesis offers three possible solutions. First, Korea, China and Japan are able to court the disputes of ADIZ to the ICAO Council. However, ICAO Council would put it hold permanently for their reputation as it did for all cases of political disputes. Second, ICAO Council president could be a meditator to expedite the negotiation among Korea, China and Japan. Third, under their coordination, Korea, China and Japan could establish a Joint Air Traffic Management Area by referring to the NATO-Russia Common Initiative Case, in which they can jointly conduct to the integrated air traffic monitoring, share air surveillance data and air traffic information for respond to airborne threats and meet increasing air traffic control demands in the East China Sea.

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