Violation of ‘Freedom of Air’ by Pakistan

Context

In a latest development, Pakistan denied use of its airspace to a Srinagar-Sharjah direct flight - operated by low-cost airline GoFirst (formerly known as GoAir) - that was recently inaugurated. The plane was to operate in Pakistan's airspace.

Freedom of air

• Freedom of air refers to a country that gives foreign airlines the right to use and/or land another country’s airspace.
• Freedom from air rule came from the Chicago Convention in 1944.
• The signatories to the convention decided to set rules that would act as fundamental building blocks to international commercial aviation.
• The conference provides for nine air freedoms, but only the first five freedoms have been officially recognized by the International Civil Aviation Organization (ICAO).

Five air freedoms

• First Right of Freedom: It is granted by one State to another State or States to fly across its territory without landing.
• In the case of GoFirst (India airline), it used to fly Pakistani airspace (second country) and live in the UAE (third country).
• Second Freedom of Rights: A right or privilege, in respect of an organized international airline, granted to one State to another state or states to land its territory for non-traffic purposes.
• This means that an Air India flight from New Delhi to New York can land at a British airport for refueling without boarding or dropping off passengers.
• Third Freedom of Rights: To put down, in the territory of the First State, traffic coming from the home State of the carrier.
• Fourth Right to Freedom: To take on, in the territory of the First State, traffic destined for the home State of the carrier.
• Fifth Amendment Freedom: To put down and to take on, in the territory of the First State, traffic coming from or destined to a third State.