Chicago Convention

Copyright infringement is not intended

Context: Pakistan’s ‘no’ to airspace for Srinagar-Sharjah flight could be breach of freedom of air rules

What is the issue?

A direct flight between Srinagar and Sharjah operated on a route that took it through Pakistani airspace before heading southwest and arriving in Sharjah.
However, the flight was denied permission to enter Pakistan and flew south over Rajasthan and Gujarat before heading west over the Arabian Sea and flying through Omani airspace before entering the UAE.

Why did Pakistan deny use of its airspace?

While there has been no official explanation given by Pakistan authorities, the country had made a similar move in 2009 prohibiting an Air India Express flight from Srinagar to Dubai from using its airspace.
It raises the concern of Pakistan violating the first freedom of air.

What is freedom of air?

Following 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.
As a part of these rules, initially, six ‘freedoms of air’ were decided.
These freedoms or rights — which still operate within the ambit of multilateral and bilateral treaties that allow them — grant airlines of a particular country the privilege to use and/or land in another country’s airspace.
The first freedom of air grants the right to an airline of one country to fly over a second country and land in a third country.
The second freedom of air grants the right to refuel or carry out maintenance in a foreign country without embarking or disembarking passengers or cargo.
The third and the fourth freedoms grant the right to fly from the airline’s home country to another and from a foreign country to the airline’s own, respectively.
Other freedoms of air —pertain to operation of an airline between two countries not including the country of its origin and within a foreign country with and without having a stop in the home country.

What is Chicago Convention?

The Convention on International Civil Aviation, also known as the Chicago Convention, established the International Civil Aviation Organization (ICAO), a specialized agency of the UN charged with coordinating international air travel.
The Convention establishes rules of airspace, aircraft registration and safety, security, and sustainability, and details the rights of the signatories in relation to air travel.
The Convention also contains provisions pertaining to taxation.
Convention on International Civil Aviation (also known as Chicago Convention), was signed on 7 December 1944 by 52 States including India. Thus, India is founding member of this convention.