Page 14 - AAA MAY - JUNE 2014 Online Magazine
P. 14

COLUMN SANAT KAUL





                         ADIZ - The New show of

                         Sovereignty by China



                         By Dr Sanat Kaul


        the  chIcAGo  conventIon of  1944   convention. Therefore, unilateral declaration   is certainly taking into account its political
        the guiding principle for all laws relating to   of ADIZ over high seas is violative of Article   maritime boundary claims which are not
        international laws of Air. One of the main   12 of the above Convention.   acceptable to other countries. China’s
        principles  of  this  Convention  is  Under  Art   So far declaration of ADIZ by countries   defence ministry has issued an ADIZ for East
        1 that all airspace above the territory of a   have been accepted and respected by   China Sea which includes Senkaku island
        country is its sovereign air space including   other nations by convention.   which has been with Japan for centuries
        the airspace above the  territorial waters.   Unlike the Air Law, the Law of the Seas   but only recently China has started to make
        However, as per the Article 12 of the   (United nations Convention on the Law of the   a claim over it. Under its new rules put up
        Convention all air space above the high seas,  Sea-UnCLOS) which was signed in 1982 and   on its website, all aircrafts entering this
        which constitutes 72% of earth’s airspace, is   entered into force in 1994, divides oceans   ADIZ must notify Chinese authorities and
        open for use by all and it is under jurisdiction   into different  zones over which states have   are subject to their military action if they do
        of ICAO. Further, ICAO has distributed air   varying degrees of rights and controls like   not identify themselves or obey their orders.
        space over high sea to adjoining countries   territorial water, contiguous zone, exclusive   Japan  has  lodged  a  protest  with  China  on
        to provide air navigation services. These are   economic zone and continental shelf.  this declaration of ADIZ and it is leading
        called Flight Information Regions (FIR). It   However, right to innocent passage to ships   to a tension in the region. US has already
        is, therefore, clear that no state can claim   of all countries is available in all except   sent two B-52 Bombers of US Air Force
        any kind sovereignty over air space over the   for than territorial waters over which a   over this region without informing China to
        High Seas. ICAO’s jurisdiction over high seas   country has sovereign rights. Requests from   demonstrate that they do not accept this
        is total. For example, during war ICAO has   countries that foreign ships going through   ADIZ. They have, however, asked their civil
        actually taken away jurisdiction  of an FIR   contiguous zone or even EEZ must inform in   aircrafts to follow the notification. US has
        from one state and give it to another for better   advance the concerned country has not been   also stated that in the case of their ADIZs it
        managemen. Under Chicago Convention all   accepted by UnCLOS.           only  applies  to aircrafts intending to enter
        States enjoy free passage of their aircrafts   In  the  case  of  aviation,  however,  their airspace and not to those passing
        over high seas and the country controlling   declaration of ADIZ has some justification.  through their ADIZ.
        the FIR needs to provide navigational aids for  This is so because an aircraft travels at a   It is quite clear that the Chinese are very
        which it can charge aviation related user fee.  high speed and therefore, there is a need to   clearly using the subterfuge of declaring this
           Air Defence Identification Zone (ADIZ)   apply the “precautionary principle” before   ADIZ over East China Sea covering Senkaku
        is a phenomenon started by the US in 1950.  its too late. According to the precautionary   island of Japan to enhance their claim over
        What is ADIZ?  ADIZ is a unilaterally declared   principle, which finds acceptance generally   these islands. This is certainly uncalled for
        airspace over high seas by a state which is   in environmental issues, impact of human   and a destabilizing factor in international
        not its sovereign territory, but adjoins it, in   action can have consequences which may   relations in that part of the world. Some
        which ready identification, location and   be unpredictable. Therefore,, ADIZ can be   Chinese international claims have already
        control of aircrafts is required in the interest   considered    an  insurance  that  an  aircraft   been supplemented in the part by forceful
        of national security. Over time countries like   of another country will not come into the   occupation of islands in South China Sea.
        norway, UK, Canada, Pakistan, Sri Lanka   sovereign airspace without proper notice   It is, therefore, most important and
        and India also declared ADIZs.      and keeping in mind the risk assessment, it   urgent that the issue of a country declaring
           Difference between a FIR and ADIZ is   may be a necessity.           an ADIZ should have the prior approval of
        that FIRs are legal air regions authorized by   In the current case of China which   ICAO  under  Article  12  of  the  Convention
        ICAO and allotted to a country for providing   has declared an ADIZ overlapping Japan’s   and the the permanent Council of ICAO
        air  navigation  services  including  search   ADIZ as well as South Korea’s, the matter   should discuss this issue and legislate
        and rescue.  ADIZ, on the other hand, is   is taking a political overtone. The fact the   laws on the subject.
        a unilateral declaration by a country over,  Senkaku Islands of Japan are now, of late,
        generally, oceanic airspace.  As already   also being claimed by China as well as the
        stated Art 12 of the Convention states that   Chinese claims over South China Sea which   Sanat Kaul is Chairman of International
        rules governing air space over high seas   are not accepted by both South Korea and   Foundation  for  Aviation,  Aerospace  and
        will be those that are established under the   other countries, the ADIZ claimed by China   Development (India Chapter)
        14   ASIAN AIRLINES & AIRPORTS  MAY / JUNE 2014                         WWW.ASIANAIRLINES-AIRPORTS.COM
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