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Analyzing the Legal Terms of the PRC East China ADIZ
Air Defense Identification Zone;Territorial Airspace;Flight Information Region;Sovereignty Claim
|Issue Date:||2018-08-21 15:16:21 (UTC+8)|
The People's Republic of China has defined the East China Sea Air Defense Identification Zone（ADIZ）on November 23, 2013 based on its three domestic legal decrees. Subsequently, another announcement of the aircraft identification rules for this ADIZ was immediately issued by the PRC Defense Ministry. This paper first reviews the literatures ever published by the PRC scholars on this issue before further examining the contents of the three decrees for exploiting whether existed specific authorization of defining air defense identification zone and the principle of ratione loci may properly support the jurisdiction of such an action. Was the legal basis for aircraft identification rules of the ADIZ sufficient? Can these aforesaid decrees be the proper legal basis to define the ADIZ and directing the identification rules? Contents within these decrees for establishing other airspaces are also reviewed in this paper for confirming that there is no basis to define ADIZ. This paper eventually discusses the necessity to establish domestic legal basis to define such airspace. This paper concludes that the dates of the three decrees noted by the PRC government statements actually indicated that the editions have already expired. And there is no legal basis for the PRC to define the East China Sea ADIZ and the subsequent identification rules attached. Further efforts of legislation are needed in order to prevent political controversy.
|Relation:||中國大陸研究, 60(4), 83-109|
|Appears in Collections:||[中國大陸研究 TSSCI] 期刊論文|
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