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What are the freedoms of the air and why are they important?

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  • What are the 9 freedoms of the air?
  • What are transit rights and traffic rights?
  • Why are they vital to commercial aviation?

The freedoms of the air are a set of internationally recognized rights or privileges that govern the operations of commercial air services between different countries. The freedoms were laid down in the Chicago Convention of 1944 and are essentially designed to facilitate the movement of people and goods across borders in aircraft.

Of the nine freedoms, the first five are classed as the main ‘freedoms of the air’, and the remaining four are referred to as ‘special freedoms’.

What are the freedoms?

According to ICAO, the first two freedoms are thought of as ‘transit rights’, as they cover overflight of a country’s airspace (usually at a cost to the operator). Rights that involve setting passengers and cargo down in another country are called ‘traffic rights’.

1. First Freedom – The right to fly over a foreign country without landing. This freedom allows airlines to fly through the airspace of other countries without stopping.

2. Second Freedom – The right to make a technical stop in a foreign country for non-traffic purposes, such as refueling or maintenance, without picking up or discharging passengers or cargo.

3. Third Freedom – The right to carry passengers or cargo from one’s own country to a foreign country. This freedom enables airlines to operate outbound flights from their home country to another nation.

4. Fourth Freedom – The right to carry passengers or cargo from a foreign country back to one’s own country. This freedom allows airlines to operate inbound flights, bringing passengers or cargo back to their home country.

5. Fifth Freedom – the right granted by one State to another State to put down and to take on, in the territory of the first State, traffic coming from or destined to a third State 

We recently took a trip on board one such ‘fifth freedom flight’ from Stockholm to Oslo operated by an Ethiopian Airlines (ET) Boeing 787 Dreamliner.

 

What are the special freedoms?

6. Sixth Freedom – The right to carry passengers or cargo between two foreign countries via one’s own country without a change of aircraft. This freedom facilitates connecting flights between two foreign destinations through the airline’s home country.

7. Seventh Freedom – The right to carry passengers or cargo solely between two foreign countries without any connection to the airline’s home country. This freedom allows airlines to operate direct services between two foreign nations.

8. Eighth Freedom – the right to carry passengers or cargo from one point in a country to another point within the same country on a flight that originates in the airline’s home country. Known as Cabotage. 

9. Ninth Freedom – the right of transporting cabotage traffic of the granting State on a service performed entirely within the territory of the granting State. This freedom is typically limited or not granted in many bilateral agreements. Also known as standalone cabotage.

What’s the difference between fifth freedom and Cabotage flights?

Whilst both fifth freedom and Cabotage involve an airline operating in another country, the main difference is the scope of the operation.

The fifth freedom gives you the right to carry passengers or cargo between two foreign countries via your airline’s home country. Cabotage is the right to carry passengers or cargo within the domestic territory of another country by a foreign airline.

It’s important to understand that these are idealized rules, and the events and politics of the day can impact their practicality. Take the first freedom, the right to overfly a foreign country without landing. There have been several notable examples of this right being rescinded in recent years. A Saudi-led group of nations blockaded Qatar’s airspace in 2017 in contravention to the rules. The closure of Russian airspace following the Ukrainian war in 2022 changed long-haul routings significantly, and the closure of Niger’s airspace following the military coup in August 2023 caused short notice difficulties in the already complex routings of the African continent.

Why are the 9 freedoms important?

The freedoms of the air are of paramount importance to international aviation – they are essentially what makes air travel possible. Enshrined in bilateral and multilateral air service agreements, the freedoms enable airlines to operate efficiently and offer diverse routes to travelers.

By allowing airlines to fly over foreign territories, make technical stops, and carry passengers or cargo between countries, the aviation industry can optimize flightpaths, reduce travel times, and improve operational efficiency. The fifth freedom promotes competition and gives more choice to consumers. The freedoms of the air play a crucial role in shaping the global aviation landscape, fostering economic cooperation, and enhancing international relations.

Cover photo: Wojtek Raczynski, JetPhotos.

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