International Air Transport

What is a “non-scheduled flight”?

• A commercial air transport service performed as other than a scheduled air service

• “Charter flight”

• Provide on-demand, flexible air transportation

• Do not operate on fixed routes or published timetables.

Which article mentions about “non-scheduled air services”? What does it say?

Article 5!

• “…aircraft not engaged in scheduled international air services shall have the right…to make flights into or in transit non-stop across its territory and to make stops for non-traffic purposes without the necessity of obtaining prior permission”

• “…have the privilege of taking on or discharging passengers, cargo, or mails…”

What are some characteristics of “non-scheduled air services”?

• Charter-based flights → flights are arranged by contract (not regular routes).

• Flexible timing → can operate anytime (ad hoc) or only during certain seasons

• No fixed schedule requirements → don’t have to follow a published timetable

• More flexibility in operations → can choose airports, flight times, and services more freely

• Financial risk on the customer → the charterer takes the risk if seats or cargo space aren’t fully used

• Prices not directly controlled by airline → seats are sold in bulk to tour companies or agents, who set the final price

• Need special permission → each flight usually requires approval from authorities

What is a “scheduled flight”?

• A commercial aviation model where flights are operated between specified points on a regular, published timetable.

Which article mentions about “scheduled air services”? What does it say?

Article 6!

“No scheduled international air service may be operated over or into the territory…, except with the special permission or other authorization of that Sate…”

What are some characteristics of “scheduled air services”?

• Fly over 1 or more states

• Flights are available to the public

• Carry passengers, cargo and/or mail for remuneration (เพื่อรายได้/บำเหน็จทางการค้า)

• Operated according to the published timetable.

What are some legal aspects of scheduled and non-scheduled air services?

• Scheduled services = require bilateral air services agreements (ASAs)

• Non-scheduled services = require special permits/notifications to authorities.

What is “air freedom rights”? Why are they important?

• A series of rights outlined across international treaties

• Form the foundation of international air travel

• Allows airlines to operate outside the borders of their home countries.

• A country grants airlines of a particular country the privilege to use and/or land in another country’s airspace.

• No freedoms of the air = impossible for any airline to operate international flights.

True or false: “the convention provides 9 freedoms, but only the first 5 have been officially recognized by ICAO”

True!

What are the 4 progressive tiers of airspace permissions?

• Tier 1: Transit rights (Freedoms 1-2)

• Tier 2: Basic commercial (Freedoms 3-4)

• Tier 3: Advanced commercial (Freedom 5-6)

• Tier 4: Cabotage & foreign (Freedom 7-9)

Revise the “9 Freedom of the air” on ATS Flashcard sets!!!!

Go check out ATS flashcards!

What are the 2 other Chicago Conference documents relating to the multilateral regulation of international air transport?

• International air services transit agreement

• International air transport agreement

Explain the “International air services transit agreement”

• Doc 7500 (also reproduced in Doc.9587)

• A.k.a “two freedoms agreement”

• Provided for the multilateral exchange of rights of overflight and non-traffic stop for scheduled air services among its Contracting States

Explain the “International air transport agreement”

• Reproduced in Doc.9587

• A.k.a “five freedoms agreement”

• Established five freedoms of the air for scheduled international air services

What are the 2 types of agreement for international air transport?

• Bilateral agreement

• Multilateral agreement

Describe “bilateral regulation”

• Regulation undertaken jointly by two parties, most typically by 2 states, although one or both parties might also be a group of states

• Cover only scheduled international air services.

What are some examples of provision of “bilateral agreement/regulation”?

*provision = บทบัญญัติ/ข้อกำหนด

• Tariff article

• Capacity article (route, traffic, operational and capacity rights)

• Safety and security article

• Termination article

• Application of law article

Describe “multilateral regulation”

• Regulation undertaken jointly by three or more states, within the framework of an international organization and/or a multilateral treaty or agreement.

What are some examples of multilateral air services agreements with Thailand?

• ASEAN Multilateral Agreement on Air Services (MAAS)

• ASEAN Multilateral Agreement on the Full Liberalization of Passenger Air Services: MAFLPAS

• ASEAN Multilateral Agreement on the Full Liberalization of Air Freight Services: MAFLAFS

• Indonesia, Malaysia, Thailand - Growth Triangle (IMT-GT)