Electronic Thesis/Dissertation


The People's Republic of China's Assertion of Jurisdiction over Airspace by Means of an East China Sea Air Defense Identification Zone Open Access

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On November 23, 2013, the People's Republic of China (China) announced the establishment of an Air Defense Identification Zone (ADIZ) in the East China Sea. China's move incited strong criticisms from its neighbors, adding to regional tension. In addition, many scholars and commentators have been quick to choose sides as to whether China violated international law by establishing the ADIZ. Unfortunately, vague assertions one-way or the other have not been supported by careful legal analysis. A review of the most relevant sources of international law, treaties and State practice, demonstrate that China's establishment of the ADIZ is lawful. Even so, China's ADIZ has created tensions among various States that can be addressed in various ways so as to avoid serious aviation incidents.

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