China's air defense identification zone (ADIZ)

position, implementation and legality

Resumo

Objective: The Air Defense Identification Zone (ADIZ) established by China in the East China Sea in 2013 still invites polemic—likewise, the statement regarding the possibility of establishing an ADIZ in the South China Sea in 2016. An objective discussion based on international law is needed to examine this issue. This paper intends to provide perspective by questioning the position, implementation practices, and legality of the ADIZ that China has established in the East China Sea and the ADIZ that has the potential to establish in the South China Sea.

Methods: This research uses Qualitative secondary data from various print and digital literature sources to analyze this normative juridical research.

Results: The results of the discussion show that ADIZ China's position is not a territorial claim but instead used as an effort to achieve national interests, namely security and defense. Practices carried out by China and several countries tend to have similarities and differences but still have a legal and theoretical basis in their respective perspectives. There is an argumentation basis for those who say China's ADIZ is legal and vice versa.

Conclusion: If the perspective is left without an adjudication process, the war of arguments and opinions will never end. Therefore, settlement through an adjudicative perspective is essential as long as there is an agreement between the parties. The impetus to initiate this possibility must come from two opposite directions. This paper has explained that the legal approach will only be able to take a role when a dispute is brought to a court. Nevertheless, ADIZ China is still implemented and tends to be obeyed by some - although not all - airlines that cross ADIZ China.