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Under Article 3 of the 1944 Chicago Convention, flight information region rules do notapply to State aircraft, including military aircraft, and military aircraft are free to operate ininternational airspace without the consent of or notice to coastal State authorities. 44 Thus, forexample, a flight information region could not limit the rights of belligerent military aircraftduring armed conflict.14.2.4 Air Defense Identification Zone (ADIZ). In general terms, an ADIZ is an area ofairspace over land or water in which the ready identification, location, and control of aircraftmay be required in the interests of national security. 45 The United States has establishedADIZs. 4614.2.4.1 Establishment of an ADIZ. The legal basis for a State to establish anADIZ is its right to establish conditions and procedures for entry into its national airspace. 47are provided. A flight information region normally encompasses substantial areas of international airspace and doesnot reflect international or national airspace borders. Responsibility for flight information region management is notthe same as territorial authority; therefore, state aircraft are not to request aircraft diplomatic clearance to enter aflight information region if the aircraft will not enter national airspace. The International Civil AviationOrganization establishes flight information regions in accordance with the Convention on International CivilAviation. Civil aviation authorities of designated nations administer them pursuant to International Civil AviationOrganization authority, rules, and procedures.”).44 Information Provided to U.S. Embassies in Rangoon and New Delhi Regarding Transit Through FlightInformation Regions and International Airspace, May 2007, 2007 DIGEST OF UNITED STATES PRACTICE ININTERNATIONAL LAW 635-36 (“A coastal state may establish a FIR in international airspace consistent with therequirements of the 1944 Convention on International Civil Aviation (Chicago Convention), to which your countryis a party; however, under Article 3 of that convention, FIR rules do not apply to state aircraft, including militaryaircraft. State aircraft, including military aircraft, operating in international airspace (whether within or outside aFIR) are free to operate without the consent of or notice to coastal state authorities and are not subject to thejurisdiction or control of the ATC authorities of those states. No notice to, clearance from, or approval of a coastalstate is required to exercise such freedoms of navigation and overflight. The United States reaffirms its navigationand overflight rights in international airspace.”).45 14 CODE OF FEDERAL REGULATIONS § 99.3 (“Air defense identification zone (ADIZ) means an area of airspaceover land or water in which the ready identification, location, and control of all aircraft (except for Department ofDefense and law enforcement aircraft) is required in the interest of national security.”).46 See, e.g., Ian E. Rinehart & Bart Elias, China’s Air Defense Identification Zone (ADIZ), 2 (CongressionalResearch Service, Jan. 30, 2015) (“In 1948, the U.S. Air Force designated several offshore areas as ‘active defenseareas’ or ‘defense zones.’ From these, the first ADIZs in the world were established in 1950, under an Executiveorder directing the Secretary of Commerce to exercise security control over aircraft. Various defense zones wereredesignated as ADIZs (over Atlantic, Pacific, and Gulf of Mexico waters[)] the Alaska ADIZ, the Guam ADIZ, andthe Hawaii ADIZ, are codified in Title 14, Part 99, of the Code of Federal Regulations, along with the proceduralrequirements for flights operating in these designated areas. They are predominantly located over water andtypically do not extend to the shore, leaving a narrow strip of sovereign airspace parallel to the coastline that is notwithin the ADIZ.”); 1955 NWIP 10-2 422c endnote 16 (“It is apparent that the potential threat to the security ofstates presented by aircraft is considerably greater than the potential threat presented by vessels. However, there hasnot yet emerged a recognized practice of ‘contiguous air space zones,’ analogous to contiguous zones established onthe high seas (see paragraph 413d), enabling states to exercise certain legal controls over aircraft flying outsideterritorial air space. The present system of Air Defense Identification Zones (ADIZ) employed by the United Statesextends to the air space above the open sea, and is limited to the purpose of identifying aircraft.”).47 See, e.g., 2007 NWP 1-14M 2.7.2.3 (“International law does not prohibit nations from establishing air defenseidentification zones (ADIZ) in the international airspace adjacent to their territorial airspace. The legal basis for907

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