The article begins with a focus on the recent event that saw India’s newly launched direct flight between Srinagar and Sharjah being denied permission to enter Pakistani airspace. This incident has rekindled concerns regarding potential violations of the first freedom of the air by Pakistan.
The Concept of Freedom of Air
On an elementary level, the freedom of air implies that one country bestows upon airlines from another nation the right to use and land within its airspace. This principle finds its roots in the Chicago Convention of 1944. The participating countries agreed to enforce rules that would serve as fundamental elements for international commercial aviation. Out of the nine freedoms of air presented by the convention, only the initial five have received formal acknowledgment from the International Civil Aviation Organisation (ICAO).
Understanding the Five Rights of Freedom
The First Freedom Right permits one state to allow airlines from other states to fly across its territory without landing. For instance, in the recent denial by Pakistan, the Indian carrier GoFirst was proposed to use Pakistan’s airspace, en route to the UAE.
The Second Freedom Right provides an airline the approval to land on foreign soil for non-traffic purposes, such as refueling. Thus, an Air India flight headed to New York from New Delhi can make a stop at a British airport for refueling without offloading or taking on passengers.
The Third Freedom Right refers to the ability for carriers to drop off traffic coming from their home state in the territory of the first state. While the Fourth Freedom Right is granted to pick up traffic headed towards the carrier’s home state from the territory of the first state.
The Fifth Freedom Right includes both rights from the Third and Fourth Freedom. It enables carriers to drop off and pick up passengers or cargo destined for or originating from another state, in the territory of the first state.
Recourse for India
Pakistan’s refusal to allow access to its airspace is deemed arbitrary and contravenes the principles outlined in the Chicago convention. This is not an isolated occurrence as there have been multiple instances in the past where Pakistan has denied usage of its airspace. India can escalate this issue to the International Civil Aviation Organisation (ICAO).
Overview of the International Civil Aviation Organisation
Founded in 1944, the International Civil Aviation Organisation is a specialised agency of the United Nations. It laid the groundwork for standards and procedures ensuring peaceful global air navigation. The Convention on International Civil Aviation, signed in Chicago on December 7, 1944, set up key principles allowing international air transportation. This led to the establishment of ICAO. One of the organisation’s goals is to foster planning and development of international air transport, warranting safe and orderly growth of global civil aviation. Being one of its 193 members, India plays a significant role within this organisation that has its headquarters in Montreal, Canada.