AIRSPACE CLOSURE IN ARMED CONFLICT ZONES: GUARANTEES OF CIVIL AVIATION SAFETY AND LEGAL CONSEQUENCES

Abstract

Purpose: the purpose of the article is to conduct a comprehensive analysis of the legal nature and consequences of airspace closure during armed conflicts. The work aims to study the balance between the realization of state sovereignty and the international legal obligation to ensure flight safety, as well as to identify economic and systemic deformations arising in the global aviation structure as a result of the restriction of the "freedoms of the air." Methodology: the methodological basis of the research consists of a combination of general scientific and special legal methods of cognition. The dialectical method is applied to analyze airspace closure as a combination of a state's sovereign right and legal obligation. The formal legal method is used in studying the content of Articles 1, 9, and 89 of the Chicago Convention and the norms on the international responsibility of states. The systemic-structural method allowed for examining the interaction of states, international organizations (ICAO, IATA), and air carriers in the risk management process. The forecasting method is applied to justify the implementation of transitional airspace use regimes and compensation mechanisms in the post-conflict period. Results: it is established that airspace closure during an armed conflict is a legitimate instrument of international law based on the concepts of military necessity and public safety in accordance with Article 9 of the Chicago Convention. It is proven that the implementation of this mechanism leads to a series of critical consequences at various levels. In particular, in the subjective aspect, the state becomes an object of potential international legal responsibility for the timeliness and justification of the imposed restrictions, which requires continuous threat monitoring. The economic and legal aspect of the results indicates that the suspension of the "freedoms of the air" leads to a forced redistribution of global aviation flows, inevitably resulting in increased operational fuel costs, a critical decline in transportation profitability, and a significant increase in insurance premiums. At the systemic level, it is revealed that the transformation of the international route architecture acts as a catalyst for improving ICAO standards (SARPs) and stimulates the integration of technological innovations, such as satellite navigation systems, which ensure flight accuracy and controllability even in areas with destroyed ground infrastructure. Discussion: it is emphasized that in the context of globalization, airspace is no longer an isolated system. The main subject of discussion is the redistribution of responsibility: whether it is sufficient to place risk assessment solely on airlines, or whether the state, as a sovereign, should be the primary guarantor of safety. Attention is focused on the need to change the legal doctrine: from a simple statement of the fact of airspace closure to the development of post-conflict rehabilitation algorithms. The creation of international legal instruments to compensate for damages to states whose aviation infrastructure has been destroyed, and the clear definition of the parties' liability for violating international air law norms during conflicts, remain important issues.