Commercial aviation is an intensely regulated industry. One area in which this is abundantly and understandably obvious is in terms of safety, with extensive legislation put in place to keep passengers and crew safe whenever and wherever they fly. However, exactly where airlines can fly, and the kinds of services they can offer in different countries, is also governed by regulatory bodies. Let’s take a look at the rights known as the freedoms of the air.
When were they established?
Like many of the regulations currently dictating commercial aviation, the freedoms of the air can be traced back to the Chicago Convention. Officially known as the Convention on International Civil Aviation, 52 states signed this agreement in Chicago, Illinois in December 1944.
The agreement came into effect in April 1947. As well as setting out regulations regarding commercial air travel, it also led to the formation of the International Civil Aviation Organization (ICAO). This agency came into being when the Chicago Convention came into effect, and, by October 1947, it had become a specialized agency of the United Nations Economic and Social Council (ECOSOC).
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Since first being signed, the Chicago Convention has been subjected to eight revisions. The first of these took place in 1959, and the most recent was in 2006. By March 2019, the agreement covered a total of 193 states. This even includes the Cook Islands, even though the self-governing Pacific island nation is not a UN member. Contrastingly, Liechtenstein is not part of the agreement despite being a UN member.
In terms of how the freedoms of the air were established, they came about due to disagreements about the liberalization of commercial aviation in the Chicago Convention. The establishment of this framework proved fundamental in fostering the extensive international connectivity that we know today. But what does each of these freedoms mean?
Transit rights
According to the ICAO, the first and second freedoms of the air regard the concept of transiting a country without picking up or dropping off passengers or cargo. Indeed, it lists the first of these as being “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.” This is generally subject to overflight fees charged by the country in question.
Meanwhile, the second freedom of the air allows international flights to make operational, “non-traffic” stops while transiting an intermediate country’s airspace. This generally refers to either refueling or maintenance procedures. This was particularly important in years gone by, when long-haul flights had to refuel en route before crossing the Atlantic and Pacific Oceans, in locations such as Shannon (Ireland), Gander (Canada), and Anchorage (USA).
Traffic rights
Meanwhile, unlike the aforementioned transit rights, traffic rights concern an airline’s ability to undertake commercial enterprises upon landing in a given country. The ICAO defines the third freedom of the air as “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.”
In other words, this allows airlines to fly from their home countries to other nations. The wording of the fourth freedom of the air is almost identical, but instead concerns “traffic destined for the home State of the carrier.” So, to use the example of US legacy carrier Delta’s new Atlanta-Athens flight, the Greece-bound leg would be covered by the third freedom of the air, and the return to the US by the fourth.
Fifth freedom flights
The fifth freedom of the air allows airlines to operate some rather more unusual services. ICAO states that this represents “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.” In other words, as long as a flight starts or ends in the carrier’s home country, it can add an extra leg serving a third nation.
A notable example of this was when Chilean airline LATAM extended its Santiago-Madrid service to additionally serve Frankfurt, Germany. This proved a hit among European enthusiasts (including myself!) who jumped at the chance to fly intra-Europe on a Boeing 787.
This service was a very financially accessible way of experiencing the ‘Dreamliner’ without having to fork out for a long-haul ticket. Indeed, you could find business class fares for as little as £60, or $83! However, LATAM discontinued this service in June 2020 when it opted instead to fly directly between Santiago and Frankfurt. This eliminated the Madrid stop and, with it, the ability to fly on its Dreamliner within Europe.
While LATAM’s Madrid-Frankfurt is an example of a fifth freedom flight that has been discontinued, UAE flag carrier Emirates is set to reintroduce one this summer. July will see it recommence its Barcelona-Mexico City flights, which are an extension of its existing services between Dubai and Barcelona.
Unofficial freedoms
Although there are more freedoms of the air, these are considered unofficial by the ICAO. Indeed, it states that it “characterizes all ‘freedoms’ beyond the Fifth as ‘so-called’ because only the first five ‘freedoms’ have been officially recognized as such by international treaty.”
For example, the sixth freedom of the air allows carriers to fly between two foreign countries while stopping in their own. Meanwhile, the seventh freedom even enables airlines to operate a route between two foreign countries without transiting via their home nation. The eight freedom gives carriers the right to fly within a foreign country as a continuation or the beginning of a journey that started or will end in their own country.
Finally, the ninth freedom of the air allows airlines to fly within a foreign country without the service needing a connection to their home nation, as is the case with the eight freedom. Overall, freedoms of the air constitute a fascinating regulatory framework that has helped bring the world closer together by enabling international air services between more countries and destinations than previously possible.
Which of the freedoms of the air did you know about? Have you ever flown on a fifth freedom flight? Let us know your thoughts and experiences in the comments!