뉴스레터

Q : Why did China declare the East China Sea Air Defense Identification Zone?

The East China Sea Air Defense
Identification Zone declared by China
(Source: The Ministry of National Defense
of the People's Republic of China)

On November 23, 2013, China declared the East China Sea Air Defense Identification Zone. According to the identification rules announced by the Chinese government, "all aircraft" intending to enter the zone are required to file flight plans with the Chinese authorities beforehand, and have "radio communications equipment" in place for identification. A spokesman for China's defense ministry stated that "the establishment of the East China Sea Air Defense Identification Zone is a strategic decision in accordance with China's current national security situation. It's hard for China to identify unidentified flying objects with high-speed flying capabilities and adopt countermeasures immediately. The air defense identification zone was established to guard against potential air threats by allowing the country to identify, monitor, and control entering aircraft, and with aims of protecting China's state sovereignty and territorial and airspace security. It is a necessary measure in China's exercise of self-defense rights".¹⁾ In particular, the JADIZ, established by Japan, is as close as 130 km from mainland China, and the Chinese government feels that enough early warning time needs to be set aside to deal with any unidentified flying objects approaching mainland China. But in addition to the protection of air defense security through early warning, there seems to be other reasons that China declared the ADIZ. The first one is to protect its national maritime interests off the coastline. A case in point is the incident in 2001 where a US EP-3 reconnaissance aircraft collided with a Chinese J-u fighter jet 70 nautical miles (about 130 km) south of Hainan. By aggressively regulating military activities by foreign battleships and military aircraft in its EEZ (Exclusive Economic Zone), China intends to back up its exercise of jurisdiction and thereby protect its maritime interests. The second one is to further strengthen its assertion of jurisdiction and sovereignty over the Socotra Rock, the Senkakus, and the South China Sea (particularly the Paracel Islands and the Spratly Island). China has already revealed its plans to declare additional ADIZs in other areas, including the Yellow Sea, the Taiwan Strait, and the South China Sea.

Q : Why is it problematic?

The ADIZ declared by China is problematic because: 1) it infringes on the freedom to fly over the high seas by requiring aircraft simply flying in the zone as well as aircraft approaching Chinese territory to file flight plans; 2) it was declared without prior consultation with the neighboring countries, causing overlaps with their ADIZs; and 3) it includes Korea's maritime science station on the Socotra Rock, and the Senkakus of which sovereignty Japan asserts, heightening tensions in this region.

Q : How will China's ADIZ affect Korea and other neighboring countries?

In a sense, China's declaration of the ADIZ contributes to its assertion of sovereignty over the Senkakus (known in Chinese as Diaoyudao) without military confrontation with its neighboring countries. When the Japanese government's decision to nationalize the Senkakus in September 2012 created a conflict with China, China responded first by claiming a straight baseline around the Senkakus in September 2012, and then, along the same line, by declaring the ADIZ that included the Senkakus, which should be noted because it not only overlaps with the ADIZs of Korea, Japan, and Taiwan, but strengthens China's position on the Senkakus. In particular, both China and Japan assert their sovereignty over the Senkakus, and the space over the territorial waters that include the Senkakus is sovereign airspace. Therefore, there are concerns that the inclusion of the airspace above the Senkakus in the East China Air Defense Identification Zone will further increase the possibility of future armed conflicts between China and Japan. US Secretary of State John Kerry and Japanese Prime Minister Shinzo Abe argued that "China should withdraw its measure to set up the ADIZ because such a measure will increase tensions and undermine the security of the region by altering phenomena in the East China Sea,"²⁾ but China refused to do so. In response to China's unilateral declaration of the ADIZ, the Korean government expressed regret a day later rather than immediately as did the US and Japanese governments.³⁾ Having North Korea as a security constant, Korea could find itself in an awkward situation as China, the U.S., and Japan make moves to use such a security constant as a leverage.

In response to China's declaration of the ADIZ, Korea declared on December 8, 2013 "the expanded air defense identification zone (KADIZ)" that included the Socotra Rock, Marado, and Hongdo. The new KADIZ has been adjusted to coincide with the Incheon Flight Information Region (FIR) located south of the existing KADIZ, and includes airspace over the south of the marine science station, Marado, and Hongdo. Like the existing KADIZ, the 'expanded KADIZ' also includes Dokdo.

Q : What is the international legal basis for the establishment of the ADIZs?

The international legal basis for the ADIZs does not exist. When declaring the East China Air Defense Identification Zone, for example, China mentioned the existing international practice where about 20 countries have established and operated ADIZs since the 1950s, the UN Charter prescribing self-defense rights, and other related rules under international law as the bases for setting up the ADIZ.

Q : How does an ADIZ differ from an FIR?

Flight Information Regions refer to the airspace demarcated and established by the International Civil Aviation Organization (ICAO) with aims of providing aircraft in flight with information necessary for safe and efficient flight and, should an aircraft accident occur, allowing the country with jurisdiction over that particular region to take charge of search and rescue missions. Accordingly, the FIR grants the country concerned only the duty to provide information and search and rescue, not any authority. Therefore, the FIR's legal status differs from that of airspace where the nation's sovereignty is exclusively protected and it is therefore permissible even to shoot down any aircraft making unauthorized entry. The FIR's legal status also differs from that of the ADIZ of which purpose is to identify and monitor unidentified flying objects.

The expanded KADIZ declared by Korea
(Source: The Ministry of National Defense of
the Republic of Korea)

Q : Does violating the ADIZ trigger immediate attacks?

Since the ADIZ is not an area like airspace where a nation's exclusive sovereignty can be exercised, it is not permissible to launch immediate armed attacks on an unidentified aircraft that simply violates the ADIZ without entering airspace yet. Only monitoring and guided flight is allowed. However, the aircraft that violates airspace or exhibits hostile intents or hostile acts despite such warning and monitoring could be a target of armed attacks in exercise of self-dense rights.

Q : What challenges remain for us?

The operations of declared ADIZs differ from country to country. In Northeast Asia, the overlapping of ADIZs could create conflicts among Korea, China, and Japan. Therefore, if Korea led a discussion in the ICAO for adopting "guidelines for the adjustment and standard operations of ADIZs, it could be a good idea that will ease regional conflicts. Presently a Council Member State that makes annual contributions to the ICAO, Korea is in an appropriate position to open up a discussion for adopting what I tentatively call the "ADIZ Guidelines." Korea could also lead a discussion for cooperation among countries within the region. Meanwhile, in case China declares an additional ADIZ over the Yellow Sea, we need to make diplomatic efforts to ensure that the ADIZs of the two countries at least coincide with the existing Incheon FIR and the Shanghai FIR.

¹⁾ http://news.xinhuanet.com/english/indepth/2013-11/24/c_132913427.htm
²⁾ http://www.theguardian.com/world/2013/nov/25/japan-shinzo-abe-china-air-zone-disputed-islands
³⁾ Richard Weitz, "Global Insights: With Air defense Zone, China Scores 'Own Goal' in South Korea", World Politics Review, 26 Nov. 2013, p.1-1.