Tag Archive | "dispute"

Critical Analysis: China’s Air Defense Identification Zone

Senkaku_Islands_Air_embed

Ownership of the disputed islands is crucial for the rights to use the oil, minerals, and fish in the surrounding waters. Image Source: Wikimedia

On November 23, 2013, China declared an Air Defense Identification Zone (ADIZ), which stated that “aircraft in the area must report their flight plans to China, maintain two-way radio and clearly mark their nationalities on the aircraft.”  China’s declaration has drawn harsh criticism from Japan and the United States.

While ADIZs are not a new concept, China’s ADIZ has created tension because the zone includes a chain of islands that are the center of a long dispute between China and Japan.  ADIZs are declared by many nations, allowing the territory to potentially stop unfriendly aircraft from entering its airspace.  James Hardy, the Asia-Pacific Editor of IHS Jane’s Defence Weekly, stated that an ADIZ is “unilaterally imposed, so it doesn’t really have a legal basis and isn’t based on negotiations with neighbors.”  The ADIZ includes the Daioyu/Senkaku islands, which both Japan and China claim as part of their territory.

Secretary of State John Kerry released a press statement on November 23, noting its deep concern over China’s ADIZ and warning that the move will increase tensions and a risk of an accident.  The Secretary stated that the United States does not “apply its ADIZ procedures to foreign aircraft not intending to enter U.S. national airspace,” and urged China not to take action against aircraft that do not comply.  China’s state-run news agency said that the U.S. and Japan are “pursuing double standards,” condemning the countries for voicing concerns over China setting up an ADIZ while both countries have had an ADIZ in place for years.  The state-run news agency said, “Japan set up such a zone in the 1960’s and it even one-sidedly allowed the zone to cover China’s Diaoyu Islands.”

The disputed islands, called Senkaku Islands by Japan and Diaoyu Islands by China, are claimed by both Japan and China.  China claims that Chinese fisherman began using the islands in the 1400’s, and has had a right of ownership ever since.  However, Japan recognized the islands as part of its territory in 1895, after conducting a survey in which it “saw no trace of Chinese control of the islands.”    After Japan’s surrender at the end of World War II, the islands were “administered by the U.S. occupation force.” Once the U.S. withdrew in 1972, the U.S. returned the islands back to Japan.

The islands have remained in dispute, but tensions have increased over the past year.  In April 2013, a Japanese nationalist group sent several boats into the disputed waters, a mission aimed at “publicizing Japan’s territorial claim to the area.”   China responded by sending five more ships to the already three ships stationed in the waters to monitor Japan’s activity.  When Japan’s coast guard ordered the Chinese ships to leave, the ships refused, claiming they were “patrolling Chinese territory.” Eventually the ships set out by the Japanese nationalist group left the area without incident.  The islands are important to both countries because the territory that owns the islands has “exclusive oil, mineral, and fishing rights in surrounding waters.”

On November 26, two United States Air Force B-52 planes flew over the ADIZ, and the pilots did not identify themselves as required by China.  Although the United States has stated that it does not recognize China’s ADIZ, it is urging commercial pilots to adhere to China’s new requirements, citing safety reasons.  However, Japan has stated that its commercial airlines will not follow China’s requirements.  As tensions rise in the Pacific, the U.S. has cause for concern – Japan and the U.S. have “a mutual security treaty.”   Although the Treaty does have a provision where both parties undertake to solve disputes peacefully, Article V of the Treaty recognizes that each party would “act to meet the common danger” in the event of an armed attack in Japan.

 

Lisa Browning is a 3L and the Training Editor on the Denver Journal of International Law & Policy

Posted in 1TVFA Posts, 2Featured Articles, DJILP Staff, Lisa BrowningComments (0)

Critical Analysis: U.S. B-52s Cause More Buzz Over Disputed Diaoyu/Senkaku Islands

On Monday, November 26, the United States sent two B-52 bombers over a group of disputed islands in the East China Sea after China recently declared that the islands were within the country’s air defense zone. The disputed islands, called the Diaoyu Islands by the Chinese, and the Senkaku Islands by the Japanese, are at the heart of an international dispute in which each country claims the islands as their own.

After China released new coordinates for its air defense zone, the U.S. flew two unarmed B-52 bombers over the islands.

After China released new coordinates for its air defense zone, the U.S. flew two unarmed B-52 bombers over the disputed islands.

The islands are prized for their strategically significant location to nearby shipping lanes, and for their potential abundance of natural resources. Modern dispute over the ownership of the islands has existed since the 1970s. However, the dispute over the islands seems to be escalating. A little over a year ago Japan sent fighter jets to the islands after a Chinese plane was sighted in the area on December 13, 2012. That marked the first time that aircraft became involved in the dispute.

A little less than a year later, on November 23, 2013, China released information pertaining to the coordinates of its new air defense zone, which happens to encompass the Diaoyu/Senkaku islands. It accompanied the release with a declaration requiring any aircraft entering the zone to clearly mark the nationality of the aircraft and for pilots of the aircraft to identify themselves and to report their flight plans to Chinese authorities. Additionally, China claimed that it would defensively respond to aircraft that refused to follow these procedures.

Three days later, the United States flew two unarmed B-52 bombers over the islands, which lie within the new Chinese air defense zone. The United States claimed that the flyover was part of a training exercise. The United States conducted the exercise following its normal procedures, which disregard China’s new requirements for aircraft entering the zone. China has not directly responded to the actions of the U.S., but claims that the new air defense zone is a proper exercise of its right to self-defense and territorially integrity.

The institution of the Chinese air defense zone and the United State’s flyover of the Diaoyu/Senkaku islands demonstrate that tensions over the disputed islands are escalating. These events come on the heels of a recently released statement by the United States about its focus on enhancing security in the Asia-Pacific region through increasing the presence of U.S. forces. With a larger U.S. presence in the region, and with an already strained relationship between China and Japan, a diplomatic resolution is needed sooner rather than later. In fact, a peaceful resolution to the Diaoyu/Senkaku dispute could help build a bridge to better relations between all parties involved.

 

Lincoln Puffer is a 3L and is the Cite and Source Editor of the Denver Journal of International Law and Policy

Posted in 1TVFA Posts, 2Featured Articles, DJILP Staff, Lincoln PufferComments (0)


University of Denver Sturm College of Law

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