- April 13, 2021
- Posted by: samdenis
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. :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. :129-130 freedoms are not automatically granted to an airline as a right; these are privileges that need to be negotiated and that can be politically pressured. All freedoms beyond the first and second must be negotiated through bilateral agreements, such as the 1946 agreement between the United States and the United Kingdom, which allowed rights limited to “fifth freedom.” Since then, the 1944 Convention has been extended and there are currently nine different freedoms (see figure above): the convention provided for the sovereignty of airspace over the territory of each state, as well as five freedoms (later extended by the addition of four unofficial freedoms) that govern the freedom of states for air transport (including passenger transport). Transportation and mail) are inside, inside and inside the airspace of other states. Only the first two of these freedoms (see below) automatically apply to signatory states, with the rest subject to national agreement. The sixth unofficial freedom binds the third and fourth freedoms and is the right to transport passengers or cargo from a second country to a third country by stopping in one`s own country. :31 It can also be characterized as a form of fifth freedom with a stopover in the domestic market of the operating airline. This characterization is often invoked as a protectionist policy, because transport, like the movement of the fifth freedom, is, in nature, secondary to the transport of the third and fourth freedoms. 33-34 As a result, some nations try to regulate the movement of the sixth freedom, as if it were the fifth freedom.
130 For years, the major U.S. airlines had opposed the three major Middle Eastern airlines (Emirates, Etihad and Qatar) because of what they saw as illegal government subsidies, which gave golf companies an unfair competitive advantage. Of the three, only Emirates operates fifth freedom flights to and from the United States, the Newark flight to Dubai stops in Athens and one of the JFK flights to Dubai stops in Milan.