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  4. Document 753

Editorial Note

In the documents of this compilation there is constant reference to “the Chicago Convention”, “the Five Freedoms of the Air”, “the Fifth Freedom”, etc. These have to do with the four multilateral conventions drawn up at the International Civil Aviation Conference held at Chicago November 1–December 7, 1944. For documentation on this conference, see Foreign Relations, 1944, volume II, pages 355 ff.

The documents signed at Chicago on December 7, 1944 comprised the four conventions and twelve resolutions and recommendations known as the Final Act of the Conference. The four agreements included a general convention on international civil aviation (TIAS 1591, or 61 Stat. (pt. 2) 1180); an interim agreement (EAS 469, or 59 Stat. (pt. 2) 1516); an international air services transit agreement (EAS 487, or 59 Stat. (pt. 2) 1693); and an international air transport agreement (EAS 488, or 59 Stat. (pt. 2) 1701).

The so-called “five freedoms of the air” were spelled out in Article I, Section 1 of the International Air Transport Agreement, as follows:

  • “(1) The privilege to fly across [the] territory [of contracting states] without landing;
  • (2) The privilege to land for non-traffic purposes;
  • (3) The privilege to put down passengers, mail and cargo taken on in the territory of the State whose nationality the aircraft possesses;
  • (4) The privilege to take on passengers, mail and cargo destined for the territory of the State whose nationality the aircraft possesses;
  • (5) The privilege to take on passengers, mail and cargo destined for the territory of any other contracting State and the privilege to put down passengers, mail and cargo coming from any such territory.” (59 Stat. (pt.2) 1701).

This agreement came to be known as the “Five Freedoms Agreement”, and is usually referred to in connection with the last of the enumerated principles, or “Fifth Freedom”. “Fifth Freedom Traffic” has [Page 1451] been defined as “international traffic to, from, or between one or more intermediate points on the designated trunk route”.

The International Air Services Transit Agreement in its first article made provision for the granting of the first two privileges alone and was frequently referred to as the Two Freedoms Agreement; see footnote 15, page 1458.