Effective Embargo Enforcement: Overflight Denial and Control

A number of European Union (EU) embargo regimes include enforcement mechanisms for intercepting or deterring the transit of aircraft carrying prohibited cargo. In some instances, state authorities have sought to regulate access to national airspace in order to prevent specific shipments or control the types of goods that transit through their airspace. This paper provides an analysis of this enforcement technique, otherwise known as overflight denial and control. It outlines the relevant legal frameworks and details several examples of effective use of denial mechanisms, arguing that the EU is particularly well placed to use such mechanisms and further expand their use.