Smart Regulation in Liberalized Markets
Editor: Jae Woon Lee
Aviation Law and Policy in Asia: Smart Regulation in Liberalised Markets examines the evolution of aviation law and policy in selected Asian jurisdictions and analyses the dynamic regulatory challenges that each jurisdiction faces. Prominent aviation law and policy experts in Asia analyse topics such as air transport liberalisation, the regulation of air operator certificates, legal issues about pilot strikes, traffic rights allocation, legal challenges arising from new types of aircraft, ticket pricing regulation, air services agreements, airport competitiveness and aircraft financing. The case studies and recommendations presented in this book both enrich theoretical debates and serve as a roadmap for understanding aviation law and policy in Asia.
Authors: Jae Woon Lee and Xiongfeng Li

Abstract

Air Defense Identification Zone (ADIZ) requires foreign aircrafts to identify themselves to local authorities and maintain contact with air traffic control while in the zone. ADIZ has an ambiguous legal grounding in international law. Since its inception, no comprehensive discussion on the topic has been conducted in the area of international law. When China declared its ADIZ over the waters off its eastern seaboard in November 2013, ADIZ suddenly received much attention. Although the conflict has come to a lull at the moment, a tinderbox still exists in the region and many legal questions about ADIZ remain. Although the International Civil Aviation Organization (ICAO) Council was asked to address the issue of ADIZ, any legal solution from the ICAO Council is hardly anticipated. This article suggests that the ICAO should consider advisory opinions of the International Court of Justice (ICJ) on the legality and proportionality of ADIZ.

In: The Korean Journal of International and Comparative Law