Traditionally, an airline needs the approval of the governments of the various countries involved before it can fly in or out of a country, or even fly over another country without landing.
Prior to World War II, this did not present too many difficulties since the range of commercial planes was limited and air transport networks were in their infancy and nationally oriented. In 1944, an International Convention was held in Chicago to establish the framework for all future bilateral and multilateral agreements for the use of international air spaces.
Five freedom rights were designed, but a multilateral agreement went only as far as the first two freedoms (right to overfly and right to make a technical stop). The first five freedoms are regularly exchanged between pairs of countries in Air Service Agreements. The remaining freedoms are becoming more important, however.
Freedoms are not automatically granted to an airline as a right; they are privileges that have to be negotiated and can be the object of political pressures. All other freedoms have to be negotiated by bilateral agreements, such as the 1946 agreement between the United States and the UK, which permitted limited "fifth freedom" rights. The 1944 Convention has been extended since then, and there are currently nine different freedoms
2. ASCI 202 - Introduction to Aeronautical Science 2revised 18 Sep 2015
Freedom of the Air
Introduction
The Freedoms of the Air are international commercial aviation agreements that
grant a country’s airline(s) the privilege to enter another country’s airspace,
including to land in that country to put down and/or pick up passengers/freight.
They were formulated at an international gathering held in Chicago known as the
Chicago Convention 1944 to establish uniformity in the world aviation commerce.
There are generally considered to be nine freedoms of the air:
1. Most nations of the world exchange first and second freedoms through the
International Air Services Transit Agreements.
2. The other freedoms, when available, are usually established between countries
in bilateral or multilateral air services agreements.
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Freedom of the Air
Overview
Freedom aka. Remarks
Transit
Rights
1st Freedom of the Air
The first through fifth freedoms
are officially enumerated by
international treaties, especially
the Chicago Convention.
2nd Freedom of the Air
Traffic
Rights
3rd Freedom of the Air
4th Freedom of the Air
5th Freedom of the Air
“Beyond
Rights”6th Freedom of the Air Other freedoms have since been
added and although most are
not officially recognised under
international treaties, they have
been agreed by some countries,
e.g. with the European Union.
7th Freedom of the Air
8th Freedom of the Air
“consecutive cabotage”
Cabotage
9th Freedom of the Air
“stand alone cabotage”
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Freedom of the Air
1st Freedom of the Air
First Freedom Right - the right or privilege, in respect of scheduled international air services,
granted by one State to another State or States to fly across its territory without landing.
What does it mean?
The negotiated right for an airline from own country to
fly over another country’s airspace.
Example:
SIN – BKK, by a Singapore company, overflying Malaysia.
Note:
1. This freedom applies automatically to most signatory states.
2. Prior notice required before entering a country’s airspace.
3. Fees may be imposed by a country granting the rights.
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Freedom of the Air
2nd Freedom of the Air
Second Freedom Right - the right or privilege, in respect of scheduled international air services,
granted by one State to another State or States to land in its territory for
non-traffic purposes (also known as “technical stop”).
What does it mean?
The right for an airline to land for maintenance/refuel
without loading/unloading passengers or air freight.
Example:
SIN – BKK, by a Singapore company, stopping in Malaysia
for maintenance or refuelling before proceeding to Bangkok.
Note:
1. This freedom applies automatically to most signatory states.
2. Prior notice required before entering a country’s airspace.
3. Fees may be imposed by a country granting the rights.
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Freedom of the Air
Trivia
1. The first and second freedom rights is enshrined in a multilateral agreement known as the
International Air Services Transit Agreement (IASTA) signed at the Chicago Convention.
However, a few countries are not party to this agreement, including Russia, Canada and
Brazil, and have chosen to negotiate these rights as part of the individual bilateral.
2. The long range of modern aircraft means that the second freedom is rarely used for
passengers carrier.
Historically under this right,
locations such as Anchorage
(Alaska), Shannon (Ireland),
Reykjavik (Iceland) and
Gander (Canada) were used
as refuelling airports for the
long haul aircraft of that era.
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Freedom of the Air
3rd Freedom of the Air
Third Freedom Right - the right or privilege, in respect of scheduled international air services,
granted by one State to another State to put down, in the territory of the first State,
traffic coming from the home State of the carrier.
What does it mean?
The right to fly from one's own country to another.
Example:
SIN – KUL, by a Singapore company.
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Freedom of the Air
4th Freedom of the Air
Fourth Freedom Right - the right or privilege, in respect of scheduled international air services,
granted by one State to another State to take on, in the territory of the first State,
traffic destined for the home State of the carrier.
What does it mean?
The right to fly from another country to one's own.
Example:
KUL – SIN, by a Singapore company.
Note:
1. The Third and Fourth Freedom rights are almost always
granted simultaneously in bilateral air service agreements
between countries.
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Freedom of the Air
Trivia
1. “Freedom” is concerned only with the nationality of the airline but not the passengers.
The nationality concerns of each passenger are covered separately by immigration rules.
2. Although the third and fourth rights are normally granted together to balance network,
bilateral air service agreements may still restrict several aspects of traffic such as
the capacity of aircraft, the frequency of flight, the airlines permitted to fly and
the airports that are permitted to serve, etc. (e.g. the Bermuda Agreements)
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Freedom of the Air
“Beyond Rights”
1. The fifth through seventh freedoms are also known as “Beyond Rights”.
2. Beyond Rights allow the carriage of traffic between and sometimes
within countries that are foreign to the airlines that operate them.
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Freedom of the Air
5th Freedom of the Air
Fifth Freedom Right - the right or privilege, in respect of scheduled international air services,
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.
What does it mean?
The right to fly between two foreign countries on a
flight originating or ending in one's own country.
Example:
SIN – NRT – LAX, by a Singapore company.
Note:
1. The Fifth Freedom traffic rights were instrumental to the
economic viability of long-haul flight until the early 80s.
2. The negotiations for fifth freedom can be lengthy,
because in reality the approval of at least three different
nations is required.
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Freedom of the Air
Trivia
Fifth freedom rights are highly desirable to airlines, as segments can be tagged on to an
existing flight, giving the airline the traffic rights to pick up passengers and carry them to a
third destination which can help feed route segments, hence increasing profitability.
Integrating fifth freedom rights into overall airline network strategy is fairly complex but
when leveraged effectively with a well thought out strategy, these rights can help develop
new markets, promote the airline brand and deliver overall profitability.
For instance, Singapore Airlines has used fifth freedom rights quite
effectively over the years and these are strategic to its network, such as:
• SIN – NRT – LAX
• SIN – FRA – JFK
• SIN – HKG – SFO
• SIN – ICN – SFO
(currently SQ uses a A380 for that route)
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Freedom of the Air
“Unofficial Freedoms”
ICAO characterizes all “freedoms” beyond the Fifth as “so-called”
because only the first five “freedoms” have been officially recognized
as such by international treaty.
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Freedom of the Air
6th Freedom of the Air
Sixth Freedom Right - the right or privilege, in respect of scheduled international air services,
of transporting, via the home State of the carrier, traffic moving between two other States.
What does it mean?
The right to fly from one foreign country to another
while stopping in one's own country.
Example:
SIN – DXB – ZRH, by a Emirati company.
Note:
1. Carriers from the Middle Eastern countries rely heavily
on this right for the success of their business models.
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Freedom of the Air
Trivia
1. A carrier that has been granted the third and fourth freedom but not the sixth freedom,
cannot advertise through flights with a single flight number and single coupon from
country “B” to country “C” via its home country “A”.
Passengers travelling with this carrier are issued with two coupons, two flight numbers,
even though the transit through country “A”. This distinction is critical in terms of
marketing, as such flights show will appear in online booking systems as “connecting”,
hence are lower in the listings than ‘direct’ flights.
2. Up until the early 1990s, some airlines were forced to pay
revenue compensation to third and fourth-freedom carriers for
“stealing” traffic though “sixth-freedom-like” activities, example:
Up until 1985, MH was paying BA a royalty of around $50 for every
“sixth freedom” passenger it carried between the UK and Australia
using the third and fourth freedom traffic rights that Malaysia
shared with the UK and Australia. MH is effectively carrying traffic
on a sector, UK to Australia via Malaysia, for which it does not
formally have the traffic rights – the Sixth Freedom of the Air.
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Freedom of the Air
7th Freedom of the Air
Seventh Freedom Right - the right or privilege, in respect of scheduled international air services,
granted by one State to another State, of transporting traffic between the territory of the
granting State and any third State with no requirement to include on such operation any
point in the territory of the recipient State, that is the service need not connect to or be an
extension of any service to/from the home State of the carrier.
What does it mean?
The right to fly between two foreign countries while
not offering flights to one's own country.
Example:
FRA – LIS, by an Irish company.
Note:
1. This right is uncommon outside of the European Union.
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Freedom of the Air
Trivia
1. The liberalisation of European airspace allowed seventh freedom right as airlines are
now allowed to fly throughout Europe.
Example: Ryanair, an Irish airline, could operate solely between Germany and Portugal.
2. The tremendous provided by seventh freedom right enables increased competition,
therefore reduced air fares and increased the quantity of air travel demand.
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Freedom of the Air
“Cabotage”
1. The eighth and ninth freedoms are also known as “Cabotage”.
2. Cabotage is the transport of goods or passengers between two points in the same
country by a vessel or an aircraft registered in another country.
3. Originally a shipping term, cabotage now covers aviation, railways, and road transport.
It is "trade or navigation in coastal waters, or, the exclusive right of a country to operate
the air traffic within its territory“.
3. Most countries do not permit aviation cabotage due to
economic protectionism, national security or public safety.
One notable exception is the European Union, whose members
all grant cabotage rights to each other.
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Freedom of the Air
8th Freedom of the Air
Eigth Freedom Right - the right or privilege, in respect of scheduled international air services,
of transporting cabotage traffic between two points in the territory of the granting State on
a service which originates or terminates in the home country of the foreign carrier or
(in connection with the so-called Seventh Freedom of the Air) outside the territory of the
granting State.
What does it mean?
The right to fly inside a foreign country, originating
from or continuing to one's own country.
Example:
LHR – MUC – FRA, by an U.K. company.
Note:
1. This right is uncommon outside of the European Union.
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Freedom of the Air
9th Freedom of the Air
Ninth Freedom Right - the right or privilege of transporting cabotage traffic of the granting
State on a service performed entirely within the territory of the granting State.
What does it mean?
The right to fly inside a foreign country without
continuing to one's own country.
Example:
FRA – MUC, by an U.K. company.
Note:
1. This right is uncommon outside of the European Union.
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Freedom of the Air
Ending thoughts ….
Although liberalisation of air traffic rights may increase competition which could
decrease airfares, permitting airlines to compete viably with other transportation;
it may result in bankruptcies for airlines, which occurred after deregulation in US.
One other example of contradiction for liberalisation is even though governments
(e.g. Thailand) may encourage fifth freedom traffic as a mean to promote
tourism, there may be reactionary pressure to avoid over liberalizing traffic rights
in order to protect their flag carrier's commercial interests.
Therefore, whether air traffic rights can be leveraged as strategic assets for the
benefits of aviation and for the nation or simply given away in an ad-hoc manner,
remains to be seen by even industry professionals alike.
Notas del editor
Why is the Second Freedom necessary when most jets could fly non-stop long-range?
Why does some connecting flights have a minimum stay conditions attached?
Why is Freight carrier still reliant on the Second Freedom of the Air?
Why does an airline want to set up a subsidiary in another country?
Why does an airline want to set up a subsidiary in another country?
Why is it NRT-LAX and HKG-SFO?
Why is the Sixth Freedom necessary if a country already has the third and fourth-freedom?
Why is the Sixth Freedom necessary if a country already has the third and fourth-freedom?
Source: Rigas Doganis, “Flying Off Course: The Economics of International Airlines”, Third Edition, 2002, Routledge.