PART 99—SECURITY CONTROL OF AIR TRAFFIC Authority:49 U.S.C. 106(g), 40101, 40103, 40106, 40113, 40120, 44502, 44721. Source:Docket 25113, 53 FR 18217, May 20, 1988, unless otherwise noted.
です
簡単な英文ですよ?
Subpart A—General § 99.1 Applicability. (a) This subpart prescribes rules for operating all aircraft (except for Department of Defense and law enforcement aircraft) in a defense area, or into, within, or out of the United States through an Air Defense Identification Zone (ADIZ) designated in subpart B. (b) Except for §§ 99.7, 99.13, and 99.15 this subpart does not apply to the operation of any aircraft- (1) Within the 48 contiguous States and the District of Columbia, or within the State of Alaska, on a flight which remains within 10 nautical miles of the point of departure; (2) Operating at true airspeed of less than 180 knots in the Hawaii ADIZ or over any island, or within 12 nautical miles of the coastline of any island, in the Hawaii ADIZ; (3) Operating at true airspeed of less than 180 knots in the Alaska ADIZ while the pilot maintains a continuous listening watch on the appropriate frequency; or (4) Operating at true airspeed of less than 180 knots in the Guam ADIZ. (c) An FAA ATC center may exempt the following operations from this subpart (except § 99.7) on a local basis only, with the concurrence of the U.S. military commanders concerned, or pursuant to an agreement with a U.S. Federal security or intelligence agency: (1) Aircraft operations that are conducted wholly within the boundaries of an ADIZ and are not currently significant to the air defense system. (2) Aircraft operations conducted in accordance with special procedures prescribed by a U.S. military authority, or a U.S. Federal security or intelligence agency concerned. [Docket 25113, 53 FR 18217, May 20, 1988, as amended by Amdt. 99-14, 53 FR 44182, Nov. 2, 1988; 66 FR 49822, Sept. 28, 2001; 69 FR 16755, Mar. 30, 2004] § 99.3 Definitions. Aeronautical facility means, for the purposes of this subpart, a communications facility where flight plans or position reports are normally filed during flight operations. Air defense identification zone (ADIZ) means an area of airspace over land or water in which the ready identification, location, and control of all aircraft (except for Department of Defense and law enforcement aircraft) is required in the interest of national security. Defense area means any airspace of the contiguous United States that is not an ADIZ in which the control of aircraft is required for reasons of national security. Defense visual flight rules (DVFR) means, for the purposes of this subpart, a flight within an ADIZ conducted by any aircraft (except for Department of Defense and law enforcement aircraft) in accordance with visual flight rules in part 91 of this title.
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Standard NORAD Intercept Procedure (Post-9/11, inferred from public sources) 1.Detection The unidentified aircraft is detected by radar or other surveillance systems. 2.Identification Attempts are made to determine the identity of the aircraft via transponder code, flight plan, or air traffic communication. 3.Intercept Fighter aircraft are scrambled to intercept and approach the unidentified aircraft. 4.Attempt to Communicate The interceptor or air traffic control tries to establish radio contact with the aircraft using international distress frequencies (e.g., 121.5 MHz or 243.0 MHz). 5.Visual Identification The interceptor pilot attempts to visually identify the aircraft and observe any markings or behavior. 6.Warning Maneuvers If the aircraft fails to respond, the interceptor performs standard visual signals or maneuvers (such as rocking wings) to issue warnings. 7.Seek Presidential or Military Authority If the aircraft continues to pose a threat, authorization to use lethal force must be obtained from the President or designated military authority. 8.Use of Force (if approved) Upon receiving explicit authorization, the interceptor may engage the target with appropriate force, including the use of weapons.
「海上で撃墜」がどこで明示されているのかお尋ねしているだけですが? 簡単ですよね 私の英語力では「over the sea」「at sea」あるいは単に「sea」でもいいんですが それが8. Use of Force (if approved)のどこに明示されていますか? あなたが書いた主張についての質問ですよ?
その上でStandard NORAD Intercept Procedure Post-9/11, inferred from public sourcesではCongressional Hearings on NORAD and Homeland Defense(一部の手順や責任分担の言及)を定めています。
アメリカ合衆国憲法 第2条第2節(Article II, Section 2)の原文ソースは次の通りです。
口語的で非常に平易な英文です。
U.S. Constitution – Article II, Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Standard NORAD Intercept Procedure (Post-9/11, inferred from public sources) 1.Detection The unidentified aircraft is detected by radar or other surveillance systems. 2.Identification Attempts are made to determine the identity of the aircraft via transponder code, flight plan, or air traffic communication. 3.Intercept Fighter aircraft are scrambled to intercept and approach the unidentified aircraft. 4.Attempt to Communicate The interceptor or air traffic control tries to establish radio contact with the aircraft using international distress frequencies (e.g., 121.5 MHz or 243.0 MHz). 5.Visual Identification The interceptor pilot attempts to visually identify the aircraft and observe any markings or behavior. 6.Warning Maneuvers If the aircraft fails to respond, the interceptor performs standard visual signals or maneuvers (such as rocking wings) to issue warnings. 7.Seek Presidential or Military Authority If the aircraft continues to pose a threat, authorization to use lethal force must be obtained from the President or designated military authority. 8.Use of Force (if approved) Upon receiving explicit authorization, the interceptor may engage the target with appropriate force, including the use of weapons.
上記8.の「Use of Force」を担保するのが合衆国憲法第二条第二節中の「The President shall be Commander in Chief of the Army and Navy of the United States」の一文です
アメリカ合衆国憲法 第2条第2節(Article II, Section 2)の原文は以下の通りです
ソースを示して整合性をご説明ください
U.S. Constitution – Article II, Section 2
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Standard NORAD Intercept Procedure (Post-9/11, inferred from public sources) が読めないのは仕方ないとして 「特に「ROE基本三原則」と「9/11 Commission Report」から議論された」 が理解できないほどの知能教養の方は日常社会生活にもご苦労されているでしょうね…
“Three interdependent principles—military necessity, humanity, and honor—provide the foundation for other law of war principles, such as proportionality and distinction, and most of the treaty and customary rules of the law of war.”
上はアメリカ国防総省による起草でアメリカ公文書館に納められています
アメリカ国防総省「Law of War Manual」の英語原文
“Three interdependent principles—military necessity, humanity, and honor—provide the foundation for other law of war principles, such as proportionality and distinction, and most of the treaty and customary rules of the law of war.”
報道によると、輸送機は訓練のため韓国から米グアムに出発したが、悪天候で沖縄県の米軍嘉手納基地に進路を変更。日本側に事前に知らせずに防空識別圏に入ったため、空自機が緊急発進した。韓国軍は日本側に燃料補給の必要があったと説明し、嘉手納基地で給油した後、グアムに向かった。
続きはこちら
https://news.livedoor.com/article/detail/29233859/