Dundee Ducks

Icao Open Skies Agreement


Dec 20


A remarkable trend is the conclusion of bilateral open air services agreements, which provide unrestricted access to third-party, fourth- and fifth-freedom traffic rights, designation, capacity, spectrum, code-sharing and fares. The first such agreement was concluded in 1992 between the Netherlands and the United States. Since then, more and more open-ski agreements (OSAs) have been signed. In September 2016, more than 300 OSA were closed with more than 150 countries, with the United States leading the way with a total of 119 OSA signed. More and more countries have also signed OSA with the European Union or its members. The first two freedoms concern the passage of commercial aircraft through foreign airspace and airports, while the other freedoms concern the international transport of people, mail and cargo. 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 first and second freedom confer the right to cross a country without transport, which has its origin or ends and which is called the “right of transit”. [2]:146 The Chicago Convention developed a multilateral agreement in which the first two freedoms, the International Air Services Transit Agreement (IASTA) or “Two Freedoms Agreement,” were open to all signatories. In mid-2007, the treaty was adopted by 129 countries. [5] The United States has reached the Open Skies with more than 100 partners from all regions of the world and at all levels of economic development. In addition to the bilateral open skies agreements, the United States negotiated two multilateral open skies agreements: (1) the 2001 Multilateral Agreement on the Liberalization of International Air Transport (MALIAT) with New Zealand, Singapore, Brunei and Chile, to which Samoa, Tonga and Mongolia subsequently joined; and (2) the 2007 Air Services Agreement with the European Community and its 27 Member States. The 1952 bilateral air services agreement between Japan and the United States was considered particularly controversial, given that U.S. airlines designated to destinations in Asia-Pacific, west of Japan, were granted unlimited rights in fifth freedom. In the early 1990s, for example, the Japanese government`s refusal to allow flights on the New York City-Osaka-Sydney route sparked protests from U.S. management and airlines seeking proof of the route. The Japanese government responded that only about 10% of the traffic in the Japan-Australia sector was the third and fourth freedom traffic to and from the United States, while the bilateral agreement specified that the main justification for unlimited fifth freedom traffic was to fill aircraft carrying a large portion of U.S. or U.S.

traffic under these rights. Japan had maintained many unused rights of the Fifth Freedom beyond the United States. However, due to the increased operating costs of Japanese airlines and geographic circumstances, they were considered less valuable than the fifth freedom enjoyed by U.S. carriers over Japan. Japan serves as a useful gateway to Asia for North American travellers. The United States asserted that Japan`s favourable geographical location and the transportation of its flag airlines, with a considerable volume of six transit traffic through gateway cities in Japan, had helped to improve the competitive conditions.