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Robert Beckman and Phan Duy Hao

On November 23, 2013, China declared an Air Defence Identification Zone (ADIZ) in the East China Sea. This ADIZ overlaps with the existing ADIZs of Japan, Korea and Taiwan. The Chinese ADIZ raised concerns from various governments and commentators in the region. First, does this ADIZ violate the principle of freedom of overflight in areas beyond territorial sea? Second, can China use the ADIZ to strengthen its claim to sovereignty over disputed islands? Third, does the declaration of an ADIZ strengthen China’s argument that foreign military aircraft have no right to engage in surveillance and reconnaissance activities in the airspace above its exclusive economic zone? Fourth, does China intend to declare an ADIZ in the airspace above the South China Sea, and if so, would this exacerbate existing disputes over sovereignty claims and maritime claims in the South China Sea? This chapter attempts to answer some of these questions. First, the chapter looks at two major principles of international law governing airspace, the principle of national air sovereignty and the principle of freedom of overflight. Second, the chapter examines the status of ADIZ under international law and provides an overview of State practice with regard to ADIZ. Third, it examines China’s ADIZ in the East China Sea and the reactions of other States to China’s East China Sea ADIZ. Fourth, it discusses the implications of a possible Chinese ADIZ in the South China Sea, especially in light of the Arbitral Award issued on 12 July 2016 in the Philippines/China South China Sea disputes. Although it has been alleged that the Chinese ADIZ is contrary to the practice of other States the practice of States that have declared ADIZs is neither uniform nor consistent. The chapter therefore recommends that interested States discuss the development of “rules of the road” for ADIZs based on best international practice in order to minimize the risk of collisions or other incidents.

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Edited by S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan

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Edited by S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan

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S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan

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Transboundary Pollution

Evolving Issues of International Law and Policy

Edited by S. Jayakumar, Tommy Koh, Robert Beckman and Hao Duy Phan

This important new book provides a comprehensive overview of the international legal principles governing transboundary pollution. In doing so, the experts writing in this book examine the practical applications of the State responsibility doctrine in this context. The editors bring together leading scholars and practitioners to analyse the international legal framework and cooperative mechanisms that have been developed to address this pressing issue. The book also includes case studies of Asia and Southeast Asia to demonstrate how international law governing transboundary pollution has evolved and been applied in practice.
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S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan

On 22 January 2013, the Philippines initiated compulsory arbitration against China under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) with regard to their disputes in the South China Sea. The Award on Jurisdiction and Admissibility issued on 29 October 2015 and the Final Award issued on 12 July 2016 have been the most anticipated decisions from an international tribunal in the law of the sea, since the entry into force of UNCLOS in 1994. This introductory chapter provides an overview of UNCLOS dispute settlement mechanisms, the background to the South China Sea disputes and the key legal issues in the South China Sea Arbitration necessary to understand the legal implications of the Awards.

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S Jayakumar, Tommy Koh, Robert Beckman, Tara Davenport and Hao Duy Phan

Prior to the Arbitral Award on Jurisdiction and Admissibility on 29 October 2015 and the Final Award on 12 July 2016, legal uncertainties posed a significant impediment to the long-term resolution of the longstanding South China Sea disputes. These uncertainties allowed claimants to put forth arguments which maximised their claims and inevitably exacerbated tensions. This concluding chapter synthesises the analysis in the previous chapters and makes some observations on the significance and implications of the South China Sea Arbitration for the claims over features and their maritime entitlement, cooperation in the South China Sea, and the legal order of the oceans established under the United Nations Convention of the law of the Sea (UNCLOS).