Free Air Agreement

Traditionally, an airline needs the agreement of the governments of the various countries concerned before it can board or disembark or even fly over another country without landing. Before the Second World War, this was not too difficult, as the range of commercial aircraft was limited and air transport networks were limited and national. In 1944, an international convention was held in Chicago to create the framework for all future bilateral and multilateral agreements on the exploitation of international airspace. Five freedoms were devised, but a multilateral agreement only went to the first two freedoms (right to fly over and right to a technical shutdown). The first five freedoms are regularly exchanged between states in air services agreements. However, the remaining freedoms are increasingly important. IASTA allows each Member State to impose « reasonable » fees on foreign airlines for the use of its airports (which are probably only applicable to the second freedom); [8] According to IATA, these fees should not be higher than the fees charged to domestic airlines offering similar international services. [8] These fees are normally levied only for the privilege of flying over a country`s territory in the absence of the use of an airport. [11] (Overflights may continue to use the services of a country`s air traffic control centres). For example, the Federal Aviation Administration of the U.S., a signatory to IASTA, calculates e-mail charges of $61.75 per 100 nautical miles (190 km) from the great distance between the point of entry of an aircraft in U.S.-controlled airspace and the point of exit from that airspace. [12] In addition, a lower charge – the ocean charge – is calculated ($26.51 per 100 nautical miles (190 km) for flights over international waters where air traffic is controlled by the United States, including parts of the Atlantic Ocean and the Arctic Ocean and much of the North Pacific Ocean. [12] Countries that have not signed IASTA also apply overflight charges; Among them, Russia is known for imposing high fares, especially on the transarretian routes between North America and Asia that cross Siberia. [11] In 2008, Russia temporarily denied Lufthansa Cargo permission to fly cargo over its airspace, allegedly due to « delays in payment for its overflight rights ».

[13] European airlines pay Russia 300 million euros a year for overflight authorizations. [13] The agreement came into force on June 29, 2020. However, it has been provisionally applicable since 30 March 2008 (Article 25 of the Air Services Agreement). The eighth unofficial freedom is the right to transport passengers or cargo between two or more points in a foreign country and is also called cabotage. [6]:31 Outside Europe, this is extremely rare. The most important example is the European Union, where such rights exist among all its Member States. The Internal Aviation Market (SAM) was established in 1996 between Australia and New Zealand; the 2001 Protocol to the Multilateral Agreement on the Liberalization of International Air Transport (MALIAT) between Brunei, Chile, New Zealand and Singapore; United Airlines` Island Hopper route from Guam to Honolulu can carry passengers within the Federated States of Micronesia and the Marshall Islands, although the countries involved are closely linked to the United States. In general, these rights have only been granted when the national air network is very underdeveloped. A remarkable example was the authority of Pan Ams, from the 1950s to the 1980s between Frankfurt and West Berlin, although political circumstances, not the state of the national air network, dictated it – only the allied airlines of France, the United Kingdom and the United States had the right to route air traffic between West Germany and the legally separate and separate area of West Berlin until 1990. [25] In 2005, the United Kingdom and New Zealand entered into an agreement granting unlimited coasting rights.

[26] Given the distance between the two countries, the agreement can be considered as the