Air and Space Law

Air Defence Identification Zones and Maritime Frontier Disputes: Legal and Political Issues

By Stephanie Stipsits
Brill Nijhoff April 2025

Specifications

ISBN-13
9789004720992
Publisher
Brill Nijhoff
Publication
April 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book clarifies key conceptual issues surrounding ADIZs and their influence on maritime territorial disputes in the context of the Senkaku/Diaoyu island dispute. It uniquely offers a detailed analysis of national legislation on ADIZ, suggesting that ADIZ might be evolving customary international law.

The author demonstrates that aerial zones do not necessarily violate the freedom of overflight, as the airspace above the EEZ may have a dual legal status, allowing for sui generis zones. Furthermore, it shows that ADIZs do not conflict with fundamental principles of international air law or the ICAO-Council's authority to establish rules in international airspace.

Table of Contents

Acknowledgement
Introduction
Chapter 1 Political and Legal Background
Chapter 2 Preliminary Considerations: Jurisdiction in International Law
Chapter 3 An Analysis of ADIZs in State Practice
Chapter 4 Defending the Skies: ADIZs and the Inherent Right to Self-Defence
Chapter 5 The Legality of ADIZs and Aspects of National Security in International Air Law
Chapter 6 Impact of the Law of the Sea on Defining ADIZs
Concluding Remarks and Outlook
Annex 1: Overview of State Practice
Annex 2: Personal Scope of Application in International Airspace
List of Authorities
Index
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