Freedoms of the Air

Freedoms of the Air

Commercial aviation rights established through the 1944 Chicago Convention and bilateral air service agreements that govern which airlines can fly international routes and carry passengers between foreign countries.

Victoria Landsmann

June 25, 2026
5 minute read

Key Takeaways

The freedoms of the air are a set of nine commercial aviation rights that govern how airlines operate international routes. Established through the 1944 Chicago Convention and subsequent bilateral agreements, these rights determine which airlines can fly where, carry passengers between countries, and serve markets beyond their home territory.

  • The first five freedoms are officially recognized by ICAO under the International Air Services Transit Agreement. Freedoms six through nine are "so-called" rights established only through individual bilateral or multilateral air service agreements [1].
  • ICAO member states finalized 440 new or updated bilateral and multilateral air service agreements at ICAN 2025, accelerating market liberalization and expanding international route access [1].
  • Navan searches across 600+ airlines operating under various freedom-of-the-air arrangements, helping corporate travelers find optimal international routing regardless of which carrier holds the traffic rights on a given corridor.
  • The U.S. maintains Open Skies agreements with approximately 140 aviation partners, and research shows these agreements have lowered airfares by 15% and generated $4 billion in annual savings for passengers on covered routes [2][3].

What Are the Freedoms of the Air?

Freedoms of the air are commercial aviation rights that grant airlines the privilege to enter, land in, and carry traffic through foreign countries' airspace. These rights form the legal backbone of international airline operations, determining which carriers can serve which routes and under what conditions.

The framework originated at the 1944 Chicago Convention on International Civil Aviation, where 54 nations established the foundational principles of international air transport. The Convention produced two key agreements: the International Air Services Transit Agreement (covering the first two freedoms) and the International Air Transport Agreement (covering freedoms one through five) [1].

Unlike domestic flights, where an airline operates freely within its own country, international air service requires explicit permission from every country involved. The freedoms provide the structured framework through which these permissions are granted, negotiated, and exchanged.

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The Nine Freedoms Explained

Each freedom grants a progressively broader set of operating rights:

  • First Freedom: The right to fly over a foreign country without landing. This is the most basic transit right.
  • Second Freedom: The right to land in a foreign country for technical purposes (refueling, maintenance) without picking up or dropping off passengers.
  • Third Freedom: The right to carry passengers from your home country to a foreign country. A U.S. airline flying passengers from New York to London exercises this freedom.
  • Fourth Freedom: The right to carry passengers from a foreign country back to your home country. The return London-to-New York flight uses this right.
  • Fifth Freedom: The right to carry passengers between two foreign countries on a route that originates or terminates in your home country. A Singapore-based carrier flying New York to Frankfurt (as part of a Singapore-New York-Frankfurt route) exercises fifth freedom rights.
  • Sixth Freedom: The right to carry passengers between two foreign countries via your home country. This enables hub-and-spoke operations across continents.
  • Seventh Freedom: The right to carry passengers between two foreign countries on a route that doesn't touch your home country at all.
  • Eighth Freedom (consecutive cabotage): The right to carry passengers within a foreign country on a route that begins in your home country.
  • Ninth Freedom (stand-alone cabotage): The right to carry passengers entirely within a foreign country with no connection to your home country. This is the rarest and most restricted freedom.

ICAO officially recognizes only the first five freedoms. Freedoms six through nine are classified as "so-called" because they aren't codified in a broadly applicable international treaty [1].

How Air Service Agreements Work

Airlines don't automatically receive freedom-of-the-air rights. Countries negotiate bilateral air service agreements (ASAs) that specify which freedoms apply, which airlines can operate, what routes are permitted, and how much capacity is allowed.

Traditional ASAs are restrictive: they designate specific airlines, cap flight frequencies, and sometimes control pricing. In contrast, Open Skies agreements represent the most liberal form of ASA, removing government restrictions on routes, capacity, and fares between signatory countries.

The U.S. Department of Transportation has pursued an Open Skies policy since 1992, and as of March 2026, maintains agreements with approximately 140 aviation partners [2]. These partners include all 27 EU member states, the United Kingdom, Canada, Japan, Australia, India, Brazil, and the UAE.

At the ICAO Air Services Negotiation Event in November 2025 (ICAN 2025), member states finalized 440 new or updated bilateral and multilateral agreements, continuing the global trend toward market liberalization [1]. These agreements support ICAO's 2050 Vision for expanded global connectivity while maintaining safety and security standards.

Why Freedoms of the Air Matter for Business Travel

For corporate travel managers, the freedoms of the air determine route availability, carrier options, and pricing dynamics on international corridors.

Route availability and competition. Open Skies agreements that grant broad freedom-of-the-air rights create more competitive markets. Research from the Brookings Institution found that routes covered by Open Skies agreements see airfares approximately 15% lower than routes governed by restrictive bilateral agreements, generating $4 billion in annual savings for passengers [3]. For organizations whose employees charge international flights to a corporate card, Open Skies-driven competition on key corridors can meaningfully reduce per-trip costs.

Fifth freedom flights. These create routing options that wouldn't otherwise exist. When a carrier from Country A operates between Countries B and C (as an extension of a service from Country A), it adds competitive capacity on that route. Business travelers benefit from more departure times, potentially lower fares, and alternative options when disruptions affect their travel insurance coverage or rebooking.

Hub connectivity. Sixth freedom rights enable the "super-connector" model that Middle Eastern and European hub carriers use. This gives business travelers flying between two cities in different regions a connection option via a major hub, often with competitive business travel pricing and newer aircraft.

Duty of care considerations. When an airline operates under limited freedom-of-the-air rights, route disruptions have fewer rebooking options. Travel managers building international travel programs for high-frequency routes should understand which carriers hold traffic rights on their key corridors.

Navan aggregates inventory from carriers operating under different freedom-of-the-air arrangements across 600+ airlines, giving travel managers visibility into the full range of routing options.

When Should Travel Managers Consider Air Freedom Restrictions?

Three scenarios require awareness of freedom-of-the-air dynamics:

Booking on thin routes. Corridors between secondary cities in different regions often have limited ASA coverage. Fewer carriers hold traffic rights, which reduces competition and may increase costs. Understanding which freedoms apply helps explain why certain routes have limited frequency or higher expense policy pressure.

Evaluating new market entry. When a company opens an office in a new international market, the freedom-of-the-air framework determines which carriers can serve that route and how much competition exists. Markets covered by Open Skies agreements typically offer better service frequency and pricing than those governed by restrictive ASAs.

Managing disruption planning. Routes with multiple carriers holding traffic rights provide more rebooking options during disruptions. Routes where only one or two carriers have landing rights leave travelers more exposed to delays and cancellations with fewer alternatives.

Sources

[1] ICAO, "Air Transport for All: Hundreds of new air service agreements accelerate progress towards ICAO's 2050 Vision," November 2025, https://www.icao.int/news/air-transport-all-hundreds-new-air-service-agreements-accelerate-progress-towards-icaos-2050

[2] U.S. Department of Transportation, "Air Service Agreements," 2026, https://www.transportation.gov/policy/aviation-policy/international-relations/air-service-agreements

[3] Brookings Institution (Winston & Yan), "You're saving 15 percent on airfare thanks to open skies agreements," 2025, https://www.brookings.edu/articles/youre-saving-15-percent-on-airfare-thanks-to-open-skies-agreements-but-you-could-be-saving-even-more/

  • Duty of Care: The legal obligation employers have to protect employees during business travel, including risk assessment for international destinations served under various air service agreements.
  • Expense Policy: Corporate rules governing business spending, including international travel booking guidelines and class-of-service restrictions on routes with limited carrier competition.
  • Travel Insurance: Financial protection covering trip disruptions, medical emergencies, and evacuation during international business travel on corridors with limited freedom-of-the-air coverage.

Frequently Asked Questions About Freedoms of the Air


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