Air Services Transit Agreement

International Air Services Transit Agreement refers to a multilateral agreement developed by members of the International Civil Aviation Organization (ICAO) in the Chicago Convention, namely.dem Civil Aviation Convention. The agreement established for the first time the principle of the right of automatic transit and emergency landing. The agreement is called two freedom agreements. Article 1 of the Convention stipulates that each State party grants the other States Parties the following freedoms with regard to regular international flights: the first two freedoms concern the passage of commercial aircraft through foreign airspace and airports, while the other freedoms concern the transport of persons, mail and cargo at the international level. The first to the fifth freedoms are officially listed by international treaties, especially the Chicago Convention. Several other freedoms have been added and, although most are not officially recognized in international treaties of general application, they have been agreed by a number of countries. The freedoms cited in lower numbers are relatively universal, while the higher numbers are rarer and more controversial. Open-air liberal agreements are often the least restrictive form of air agreements and can encompass many, if not all, freedoms. They are relatively rare, but recent single air transport markets in the European Union (European Aviation Area) and between Australia and New Zealand are examples. 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 seen as an expression of a political principle rather than as the expectation that those rights will be invoked in the near future. Similarly, in 1999, New Zealand exchanged eighth freedom rights with Ireland. [27] Since air services agreements are essentially mercantilist negotiations aimed at a fair exchange of traffic rights, the outcome of a bilateral agreement cannot be entirely reciprocal, but rather reflects the relative size and geographical location of two markets, particularly in the case of a large country negotiating with a much smaller country. [19]:129 In exchange for a smaller state that granted the rights of five freedoms to a larger country, the smaller country might be able to attract transport to the other land towards the goals of sixth freedom. [19]:129-130 A country that grants transit fees may charge a fee for the privilege.