International Economic Sanctions in the Aviation Sector and Their Impact on Constitutional Guarantees of Freedom of Movement

Abstract

Amid the unprecedented expansion of international sanctions regimes since 2022 — affecting aviation in over 30 countries and creating direct tensions between geopolitical objectives and constitutional guarantees — this article examines the impact of international economic sanctions in the aviation sector on the realisation of the right to freedom of movement guaranteed by the Constitution of Azerbaijan and international legal instruments. The research addresses a critical gap in legal scholarship, in whichsanctions have been studied predominantly from economic or security perspectives rather than from a human rights perspective.The study employs a doctrinal (regulatory and legal) methodology combining content analysis, discourse analysis, comparative legal analysis, and interpretative-analytical approaches. Secondary sources include six categories of legal instruments analysed across national and international dimensions: the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, European Convention on Human Rights, Chicago Convention, Constitution of Azerbaijan, and Air Code of Azerbaijan. Comparative jurisprudence draws on the ECHR and on the decisions of the Constitutional Court of Azerbaijan. The findings demonstrate that aviation sanctions significantly restrict freedom of movement through both direct mechanisms (airspace closures, air carrier blockades, visa barriers) and indirect mechanisms (price increases, route reductions, infrastructure degradation). Analysis of ten sanctioned jurisdictions reveals asymmetric impacts: the United States has imposed unilateral aviation sanctions in 15 cases, the United Nations in 12, and the European Union in 8, with humanitarian consequences disproportionately affecting civilian populations. Azerbaijan's national legal framework demonstrates structural deficiencies in monitoring constitutional compliance under foreign-policy pressure, particularly in proportionality assessment and humanitarian exemption mechanisms. The scientific novelty lies in the first systematic legal analysis of aviation sanctions through the lens of freedom of movement at both the national and international levels, with specific application to Azerbaijan's post-Soviet legal context. The study proposes a balanced legal framework based on four pillars: the principle of proportionality, humanitarian exceptions, legal clarity and transparency, and diplomatic protection mechanisms. The conclusions advocate mandatory proportionality testing, judicial oversight of flight suspensions, and harmonisation of the implementation of sanctions with constitutional guarantees in emerging legal systems.