The 1944 Chicago Convention and Legal Basis of Air Defence Identification Zones under Public International Law
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Abstract
Air Defense Identification Zones(ADIZs) are special areas of airspace closely linked with a state's early warning system of its air defense and national security. Ready identification, location and certain control of aircraft are required in ADIZs by the establishing state. It has been more than 60 years since the first ADIZs were established by the U.S. and Canada. That said, the legal status of ADIZs is still not clear enough under public international law. Currently, the rules and principles enshrined in the 1944 Chicago Convention and its Annexes are the main international norms that regulates international aviation activities. Examination and analysis of the typical ADIZ regimes indicate that the main rules of ADIZs are not inconsistent with the Chicago Convention and its Annexes. Moreover, the Convention has provided potential legal ground for the establishment of ADIZs. In short, the establishment of ADIZs is provided with legitimate ground and legal basis under international law, and at the same time it is subject to the constraints and conditions set by international law. The ADIZ practice which is consistent with international law may develop into international customary in the future.
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