Historical Foundation and ICAO Establishment

• 1944 Chicago Convention on International Civil Aviation established framework
• Created International Civil Aviation Organization (ICAO) as UN oversight agency
• ICAO recognized by every country worldwide except Liechtenstein, Dominica, and Tuvalu
  • Tuvalu sole non-member with international airport
• ICAO laid out five fundamental rights of aviation known as "five freedoms of the air"

Airspace Sovereignty and Overflight Fees

• Airspace above countries is sovereign territory
• No internationally recognized line between sovereign airspace and space
  • Some say 19 miles above sea level (highest balloons/airplanes)
  • Others say 99 miles (lowest stable orbits)
  • US classifies 50+ miles as space (astronaut designation)
• Space Shuttle missions descended through foreign airspace (Canada) below 50 miles without permission
• Overflight fees charged for air traffic control services
  • US charges $56.86 per 100 nautical miles domestically
  • US oceanic airspace: $21.63 per 100 nautical miles
  • Canadian fees based on takeoff weight and distance (variable structure)
• Airlines use route planning software considering weather, overflight fees, fuel efficiency
  • San Francisco-Frankfurt example: northern route vs eastern route based on costs

First Freedom: Overflight Rights

• Right to fly over foreign country without landing
• Nearly universal for commercial airlines
• EU maintains list of hundreds of "unsafe" airlines banned from airspace
• No major airlines currently restricted from certain airspace

Second Freedom: Technical Stops

• Right to land in foreign countries for refueling/technical stops
• Modern aircraft ranges up to 9,000 miles reduce need
• Historical examples:
  • Shannon Airport, Ireland: hundreds daily flights despite rural location (Limerick <100,000 population)
  • Soviet Union era: Europe-Asia flights routed through Anchorage, Alaska (22 hours vs today's 10-12 hours direct)
• Current examples requiring stops:
  • Qantas London-Sydney via Dubai
  • Air New Zealand London-Auckland via Los Angeles
• Upcoming development: Qantas Perth-London direct route with 777-900 Dreamliners
  • 9,000 mile, 18-hour flight (first direct Europe-Australia service)

Third and Fourth Freedoms: Basic International Service

• Third: Right to fly from own country to another
• Fourth: Right to fly from another country to own country
• Nearly always granted together
• Examples: Air France Paris-New York, Singapore Airlines Singapore-Dubai

Fifth Freedom: Beyond Rights

• Right to carry passengers between two foreign countries on flight originating/terminating in home country
• Often granted with second freedom
• Examples:
  • Air India New York-London-Hyderabad (passengers between New York-London)
  • Cathay Pacific Hong Kong-Vancouver-New York (passengers between Vancouver-New York)
  • Ethiopian Airlines Addis Ababa-Dublin-Los Angeles (passengers between LA-Dublin)

Sixth Freedom: Hub Operations

• Right to transport passengers between two foreign countries via home country
• Extremely common, though not officially recognized in ICAO treaty
• Examples:
  • Air France New York-Dubai via Paris
  • Korean Airlines Frankfurt-Tokyo via Seoul
• Hub-based airlines operating primarily on sixth freedom:
  • WOW Airlines and Icelandair (North America-Europe via Reykjavik)
  • Turkish, Qatar, Emirates (Europe-Africa-Asia via Middle Eastern hubs)

Seventh, Eighth, and Ninth Freedoms: Advanced Rights

• Seventh: Fly between two foreign nations without connecting to home
• Eighth: Fly between two cities in foreign country while continuing to home
• Ninth: Fly between two points in foreign country without continuing to home
• Extremely rare except in European Union

European Union Single Aviation Market

• Any EU-registered airline can fly between any EU airports
• Budget airlines (Ryanair, easyJet) thrive on this regulation
• Examples of domestic routes by foreign airlines:
  • Ryanair (Irish): Edinburgh-London, Paris-Lyon
  • Routes between EU countries: Paris-Berlin
  • EU to outside: Barcelona-Fez, Morocco
• Norwegian Airlines strategy:
  • Registered in Ireland, Sweden, Denmark, Finland, UK
  • Gains access to EU single aviation market and Open Skies treaty
  • Operates long-haul EU-US flights despite Norway not being EU member

Unique Applications: Caribbean Routes

• Norwegian Airlines winter flights: Boston/New York/Baltimore to Martinique/Guadeloupe
• Standalone flights in small aircraft (not fifth freedom extensions)
• Possible because Martinique (overseas region) and Guadeloupe (overseas territory) are part of France
  • Therefore part of EU single aviation market and Open Skies treaty