Monday, August 4, 2008

Freedoms of the Air

Currently there are generally considered to be nine freedoms of the air. Although these operations are called "freedoms", they are not necessarily available to an airline. Most nations of the world exchange first and second freedoms through the International Air Services Transit Agreement. The other freedoms, to the extent that they are available, are usually exchanged between countries in bilateral or multilateral air services agreements. The eight and ninth freedoms (cabotage) have been exchanged only in limited instances.

Under current law, and especially the 1944 Chicago Agreement, international air transport is governed by the principle of national sovereignty, and this places legal restrictions, liberalization involves establishing a number of "freedoms", as defined in legal literature and, in some case, international agreements. These freedoms are usually identified by an ordinal number, rising according to the degree of liberalization.

The technical freedoms established by the internal agreement on the transit of air services (Chicago, 07DEC44) are:

First Freedom – the right to pass over the territory of the signatory States without landing. For example; JL files from Japan (A) over Russia (B) en route to the United Kingdom.

Second Freedom – the right to land in the territory of the signatory States for non-commercial reasons such as refueling without boarding or deplaning passengers. For example; PR files from Philippines (A) and lands to refuel in Guam (B) en route to the San Francisco.

Third Freedom – the right to set down passengers, mail and freight taken up in the territory of the State in which the aircraft is registered. This means that the airline from one country may land in a different country and deplane passengers coming form the airline's own country. For example; QF files from Australia (A) to Singapore (B).

Fourth Freedom – the right to take on passengers, mail and freight destined for the territory of the State in which the aircraft is registered. In this case an aniline from one country may land in a different country and board passengers traveling to the airline's own country. For example; KE carries passengers from HK (B) to Korea (A).

PASSENGER AIR TARIFF - Published by IATA