Page 14 - AAA MAY - JUNE 2014 Online Magazine

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)
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