• Freedoms of the Air: What Are They and Why Do They Matter?

Ever wondered how airlines manage to operate across different countries? What rules are in place? How does an international flight, say, from London to New York, work in terms of legal rights?

This is where the “freedoms of the air” come into play – a set of agreements that make international aviation possible.

In today’s post, we’ll explore these freedoms, their importance for you as an aspiring pilot, and how they shape the global aviation industry.

What Are the Freedoms of the Air?

In a nutshell, the freedoms of the air are a collection of international agreements that grant airlines the right to fly over and land in various countries.

The first five freedoms were established in the Chicago Convention, held after the Second World War, to promote international cooperation and air travel.

Based on their content, the freedoms of the air are categorised into technical freedoms, commercial freedoms, and other freedoms. We’ll look at each of these later in the post.

And How Did They Come About?

The freedoms of the air originated in the 1944 Chicago Convention due to a clash between the liberalising ideals of the United States and the protectionist stance of the United Kingdom.

On one hand, the United States championed free enterprise, advocating for absolute freedom to create international routes, set stopovers, and determine ticket prices.

On the other hand, the United Kingdom favored the idea of creating a community organisation based on shared principles, allowing cooperation while maintaining equality among all countries.

At the Chicago Conference, a compromise was reached between the extreme liberalism of one and the total protectionism of the other, resulting in the foundations and rules to be followed by airlines worldwide for creating their routes.

So, How Many Freedoms of the Air Exist?

There are nine recognised freedoms of the air.

The first five, also referred to as the “essential freedoms,” are the most commonly used and fundamental for commercial aviation. Within these, the first and second are technical freedoms, while the third, fourth, and fifth are commercial freedoms.

The remaining four freedoms, known as “special freedoms” or “other freedoms,” are more specific, less frequently applied, and often subject to stricter regulations.

Interestingly: The ICAO, International Civil Aviation Organisation, classifies all freedoms beyond the fifth as “assumed” since only the first five were approved at the 1944 conference.

First Freedom: Right of Innocent Passage

Allows an aircraft to fly over another country without landing.

For example, an Iberia flight from Madrid to Berlin can overfly France.

Second Freedom: Right of Technical Stop

Permits an aircraft to land in another country for refueling or maintenance but not to pick up or drop off passengers or cargo.

For example, a flight between London and Casablanca can make a refueling stop in Spain.

Third Freedom: Right to Carry Traffic from the Home Country to Another Country

This is the right to transport passengers or cargo from an airline’s home country to another country.

For example, the Spanish airline Vueling can carry passengers from Barcelona to Amsterdam.

Fourth Freedom: Right to Carry Traffic from Another Country to the Home Country

This is the reverse of the Third Freedom. It’s the right to transport passengers or cargo from another country back to the airline’s home country.

For example, a French Air France flight can carry passengers from Los Angeles to Paris.

Fifth Freedom: Right to Carry Traffic Between Two Foreign Countries

This is the most flexible freedom. It allows an airline to carry passengers or cargo between two foreign countries, as long as the flight originates or terminates in the airline’s home country.

For example, Etihad Airways can transport passengers between Malaga and Rome on a flight bound for Abu Dhabi.

Sixth Freedom: Right to Carry Traffic Between Two Foreign Countries via the Home Country

This is essentially a combination of the third and fourth freedoms, allowing an airline to connect two foreign countries through its home base.

For example, American Airlines can transport passengers, cargo, or mail between Madrid and Toronto, if it passes through the US.

Seventh Freedom: Right to Carry Traffic Between Two Foreign Countries Without Passing Through the Home Country

Allows an airline to operate a route entirely between two foreign countries, without any connection to its home country.

For example, Air France could operate a direct flight between New York and Tokyo.

Eighth Freedom: Right to Operate Air Services within a Foreign Country as Part of a Service to/from the Home Country

This is the right to operate domestic flights within a foreign country.

For example, Air Canada could operate a flight from Toronto to London and, once there, could offer flights from London to other cities within the UK.

Ninth Freedom: Right to Operate Air Services within a Foreign Country Without Any Service to/from the Home Country

Continuing with the previous example, with the Ninth Freedom, Air Canada could operate a flight entirely within the UK, without needing to connect it to a flight to or from Canada.

Both the eighth and ninth freedoms are usually subject to significant restrictions and are not frequently granted. Both are forms of cabotage, which is highly restricted by most countries, tending to protect their domestic markets and limit the capacity of foreign airlines.

Why Are the Nine Freedoms of the Air Important?

The nine freedoms of the air are the cornerstone of international aviation. They facilitate trade, tourism, and cultural exchange by making it easier for airlines to operate across borders.

As a future pilot, understanding these freedoms will give you a broader perspective on the aviation industry and how it functions on a global scale.

Moreover, it’s such an important topic that it’s part of the Air Law exam content for obtaining the Airline Transport Pilot License (ATPL).

Frequently Asked Questions about the Freedoms of the Air

Below, we address some of the most common questions our students have about the freedoms of the air:

Do all countries agree to all nine freedoms?

No, not all countries have accepted all nine freedoms. The level of acceptance varies, and some freedoms are more widespread than others.

Are the freedoms of the air the same as bilateral air service agreements?

No, they are different. Bilateral air service agreements are specific agreements between two countries that outline the conditions under which airlines can operate between them. The freedoms of the air provide a broader framework for these agreements.

Is there more information about the specific freedoms that apply in different countries?

Absolutely! You can research individual countries and their bilateral air service agreements to see which freedoms they have agreed to.

Now You Know a Little More About How Aviation Works

We hope this post has helped you learn a bit more about the laws that airlines must follow to plan their flights between different countries.

Undoubtedly, it’s a vast and complex subject, and we hope to have shed some light on it with this post.

If you enjoyed it and want to continue learning interesting facts about aviation, we recommend checking out our blog where we explain fascinating topics like the different types of clouds or why airplanes fly.

One Air, three times awarded as the Best Flight School in Spain.

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