重庆文理学院学报（社会科学版）Issue(1)：133-139,7.
论重新设立ADIZ的国际法理论依据
On the Theoretical Evidence of Reestablishment of ADIZ International Law
刘甦1
作者信息
- 1. 安徽财经大学 法学院，安徽 蚌埠 233030
- 折叠
摘要
Abstract
The establishment of ADIZ (Air Defense Identification Zone) is the national behavior aims at achieve the right of the spatial strategic initiative. In recent years, South Korea and Japan reestablish its ADIZ on the grounds of the changes in the re-gional situation,which is a provocation to our territorial sovereignty. The theoretical evidence of the reestablishment of air defense identification zone including the principle of changed circumstances, “the theory of governmental interest analysis”and the appli-cable of the view “error is wrong”. Based on the Pacta sunt servanda principle, the reestablishment of ADIZ needs to meet certain conditions, that is, the fact of a country’s territory change, national interests in practice and relevant countries agreed or stake-holders for a country for the first time defined air defense identification area exists “wrong”. For the overlap region produced by the reestablishment ADIZ, China should be taken into state “grey-list”in order to approach its stance;and the grounds of invalid cannot be attributing to the time sequence of ADIZ.关键词
防空识别区/有约必守/情势变更/重叠区域Key words
air defense identification zone/pacta sunt servanda/the principle of the change of circumstance/overlap region of ADIZ分类
社会科学引用本文复制引用
刘甦..论重新设立ADIZ的国际法理论依据[J].重庆文理学院学报（社会科学版）,2015,(1):133-139,7.
