Impacts of Air Defense Identification Zones on civil aviation under international law and recommendations for Vietnam

Abstract

In 1950, the United States became the first state to declare the establishment of an Air Defense Identification Zone (ADIZ). Since then, some other states have declared the establishment of ADIZs but there are no clear rules regulating the issue in question  under international law. The paper clarifies the three following issues: (i) the legal regime for  national airspace and international airspace relating to civil aviation in which the principles regulating civil aviation in national airspace and international airspace under international treaties and other related documents of ICAO are examined; (ii) the impacts of ADIZs on  civil aviation of aircrafts as well as the management of ICAO and related states; and (iii) the possibility of establishing China’s ADIZ  in the East Sea and some  recommendations for Vietnam.