NINTH “FREEDOM OF THE AIR” OR HIDDEN CABOTAGE

• Main Author: Y. N. MALEEV
• Format: Article
• Language: English
• Published: Moscow State Institute of International Relations (MGIMO) 2017-12-01
• Series: Московский журнал международного права
• Subjects: commercial rights - «freedoms of the air»; international air carriage; nine freedom of the air; aviation cabotage; single european sky; national law; article 7 of the convention on international civil aviation 1944 (chicago convention)
• Online Access: https://www.mjil.ru/jour/article/view/181

Among nine «freedoms of the air» (commercial rights) in international air carriage two of them – eight and nine – are of special nature. They permit foreign air companies to perform сabotagе carriage within the territory of foreign state. And the nine freedom, contrary to the eight one, does not presupposes return of the foreign air company to its own state (so called «pure cabotage»). States prefer to open by this there internal aviation market, as a rule, only in exclusive cases of shortage their own aviation while it is strictly necessary to contact with distant points on their territory. It happens sometimes that the right of the nine freedom is given under political motives or to stimulate competition within the aviation market. Under Article 7 of the Convention on International Civil Aviation 1944 (Chicago Convention) cabotage may be granted to foreign air carriers but not at the exclusive bases. In Russia the right of the nine’s freedom is not grunted. But it is high time to do it on certain air routes.