Air exclusion zones

This essay explores contemporary State practice concerning the establishment of air exclusion zones in peacetime and in time of war. The air exclusion device as an element of United Nations sanctions and operations is reviewed with special attention to air embargoes, no-fly zones. No-fly zones established by unilateral action are also examined as well as methods of enforcement of air exclusion zones. Consent, self-defence or a decision by the UN Security Council are sound legal bases of legality for the establishment of an air exclusion zone in peacetime. In wartime, as well as in peace-enforcement, customary international law provides for a set of minimum rules to be respected, which are drawn from consistent practice. In any case, the conformity of an air exclusion zone with international law should be evaluated case by case, taking into account its contents and particularly the kind of limitations it imposes upon civil and neutral aircraft.