• The Korean Journal of Air & Space Law and Policy
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• v.26 no.2
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• pp.41-68
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• 2011

This article deals with the current rules of law of air warfare and its surrounding issues on precautionary action by a military aircraft at air-to-air operation in international armed conflict. However there is no separate and independent legal system to regulate warfare in aerospace in the current system of law of war (or law of armed conflict). In other words, law of air warfare does not exist in a form of a separate treaty. Air warfare has been regulated by international customary law and the relevant provisions in different Conventions, including 1949 four Geneva Conventions and two Additional Protocols, which mainly regulate land and naval warfare. And this makes difficult to make clear a legal term or legal tests on an issue concerned with law of air warfare, which concludes from time to time a dispute on interpretation and implementation of law of air warfare between states. Therefore, this article refers various materials (including 1949 Geneva Conventions and Additional Protocols, San Remo Manual, Harvard Manual, and ICAO Manual on Interception of Civilian Aircraft) for the purpose of defining the current and desirable legal test on precautionary action by military aircraft. In addition to the main purpose of this article, this article tried to show a characteristic of developing mechanism of law of air Warfare taking into account interactions between international air law and law of air warfare.

• Journal of Aerospace System Engineering
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• v.10 no.1
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• pp.127-132
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• 2016

Recently, China & Japan have expanded their responding ADIZ(Air Defence Identification Zone) to implement each Government's maritime policy and to project their Air Power in preparation for maritime provocation & contingency, especially over the piled area where East Asia countries have claimed to have maritime jurisdiction one another. So this is to guide the Development Option for Korea Air Defence Identification Zone to cope with the maritime intentions of the neighboring countries, considering the international law for ADIZ, the maritime policy and the maritime sovereign & jurisdiction area of the Republic of Korea, etc.

• Journal of Aerospace System Engineering
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• v.8 no.4
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• pp.44-51
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• 2014

This thesis analyzes the latest operating concept and status for Air Defense Identification Zone (ADIZ) researching overseas ADIZ CONOPS, international legal basis for ADIZ, the intention & background of proclamation for China Air Defense Identification Zone(CADIZ). Firstly, ADIZ is lawful concerning international connivance for ADIZ where around 20 countries have operated, Article 56 "Rights, jurisdiction & duties of the coastal State" and Article 301 "Peaceful uses of the seas" on the United Nations Convention on the Law of the Sea(UNCLS). Secondly, ADIZ has been regarded as a support means for national interest & policy as well as military air defense one. Thirdly, Based on legal re-interpretation for UNCLS relating to ADIZ, China proclaimed CADIZ where can ensure national maritime policy and strategy including A2/AD(Anti-Access & Area Defence), inroad into the ocean, claim for Senkaku Islands possession, etc..

• The Korean Journal of Air & Space Law and Policy
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• v.32 no.2
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• pp.247-276
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• 2017

The protection of space asset has been new major cause of space militarization. For such purpose, it has been officially announced that a policy of deterring and denying any adversaries from accessing the outer space. Space militarization is to be conversed into a new concept of space weaponization. The USA has announced its policy of space weaponization, while China and Russia have not revealed their plan or policy. Latter States, however, have proposed a draft treaty limiting the deployment of warfare in the outer space. The terms of the Outer Space Treaty, reflecting three significant United Nations General Assembly resolutions from the 1960s, support the position that ground rules must be observed in the exploration and the use of outer space, particularly in the absence of specific space law rules. Yet the combination (and culmination) of these two approaches to the legal regulation of outer space-specific rules as and when agreed by the international community and the translation of principles developed for terrestrial regulation to outer space-still leaves much room for uncertainty and exploitation for military and strategic purposes. As space weaponization may contribute to deterring the use of weapon, it may be not against the UN Charter Article 2(4). If space weaponization might generate the space debris such that the outer space is no more available for exploration and use, it is against the proportionality principle and discrimination principle enshrined in the laws of the war. But, if the limitation upon the kind and use of space weaponization is agreed among the States, then the space weaponization may not be against the laws of the war, and be considered permissible within the rationale of limited war.