The Freedoms of the Air Explained
The freedoms of the air are the building blocks of every international airline route. Five are recognized by treaty; four more are commonly discussed and sometimes granted.
The basic idea
Because every country controls its own airspace, airlines need specific permissions, called traffic rights or "freedoms," to fly over, land in, and carry passengers to and from foreign countries. The terms were formalized in the agreements signed at Chicago in 1944.
The freedoms
| Freedom | Right | Status |
|---|---|---|
| First | Fly over a foreign country without landing | Recognized by treaty |
| Second | Land in a foreign country for technical reasons, such as refueling or maintenance, without picking up or dropping off traffic | Recognized by treaty |
| Third | Carry traffic from one's own country to another country | Recognized by treaty |
| Fourth | Carry traffic from another country to one's own | Recognized by treaty |
| Fifth | Carry traffic between two foreign countries on a journey that begins or ends in one's own country | Recognized by treaty |
| Sixth | Carry traffic between two foreign countries via one's own country | Commonly described, not in the original treaties |
| Seventh | Carry traffic between two foreign countries without touching one's own country | Commonly described |
| Eighth | Carry traffic between two points inside a foreign country on a service that begins or ends in one's own country (consecutive cabotage) | Commonly described |
| Ninth | Carry traffic within a foreign country without any connection to one's own (stand-alone cabotage) | Commonly described |
The first two freedoms: transit
The first and second freedoms concern passage rather than commerce. They were granted multilaterally through the International Air Services Transit Agreement, known as the Two Freedoms Agreement, and are widely accepted today.
The third and fourth freedoms: the backbone
Third and fourth freedoms together allow an airline to fly round trips between its home country and a foreign country. Nearly every bilateral air agreement grants them.
The fifth freedom: beyond rights
Fifth freedom rights allow, for example, an airline from Country A to fly from A to B and then on to C, carrying passengers between B and C. These rights are valuable and often contested, because they let a foreign airline compete in a market between two other countries.
The sixth freedom: hub carriers
Sixth freedom traffic is the business model of many global hub carriers, which connect passengers from one foreign country to another through their home hub. Although not named in the 1944 treaties, it is effectively created by combining third and fourth freedoms.
Cabotage
Cabotage, carrying traffic within a single country, is the most restricted right. Most countries reserve domestic routes for their own airlines. The European Union's single aviation market is a notable example of countries agreeing to share cabotage among themselves.
Why it matters
Each freedom is a bargaining chip in negotiations between governments. A country may trade fifth freedom rights for access to a new market, or withhold them to protect a national carrier. Understanding the freedoms is the starting point for understanding aviation diplomacy.