Air 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 for regular international flights: the third and fourth freedoms allow basic international service between two countries. [2]146 Even if reciprocal rights are granted under the third and fourth freedoms, air services agreements (e.g. B Bermuda conventions) can still restrict many aspects of traffic, such as aircraft capacity, frequency of flights, airlines and airports to be served. [2]:146-147 The third freedom is the right to transport passengers or goods from their own country to another. [6]:31 The right to transport passengers or cargo from another country to one`s own country is the fourth freedom. [6]:31 Third and fourth freedoms are almost always granted simultaneously in bilateral agreements between countries. A country that grants transit rights may charge a fee for the privilege. The adequacy of these royalties has sometimes been controversial. 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 The first freedom is the right to fly over a foreign country without landing. [6]:31 It grants the privilege of flying over the territory of a contract country without landing. Member States of the International Air Transit Agreement grant this freedom (as well as second freedom) to other Member States[7], subject to transit aircraft using certain routes. [8] In the summer of 2007, 129 countries were contracting parties to the treaty, including countries as important as the United States, India and Australia.