International Air Law Conventions: Freedoms of the Air, Tokyo, Warsaw, and Montreal

010-01-02Pablo Asensio Martínez2026-03-272 min

In addition to the Chicago Convention, there are other fundamental international agreements that regulate specific aspects such as freedoms of the air, security against unlawful acts, and airline liability.

Freedoms of the Air (ICAO Doc 9626)

The "Freedoms of the Air" are rights granted by one State to another for international air transport.

Technical Freedoms

  1. First Freedom (Innocent Passage): The right to fly over the territory of another State without landing.
  2. Second Freedom (Technical Stop): The right to land in another State for non-commercial purposes (such as refueling or maintenance), without embarking or disembarking passengers or cargo.

Commercial Freedoms

  1. Third Freedom: The right to disembark traffic (passengers/cargo) originating from the airline's home State in another State.
  2. Fourth Freedom: The right to embark traffic in another State destined for the airline's home State.
  3. Fifth Freedom: The right to transport traffic between two foreign States, provided the flight originates or terminates in the airline's home State.

Tokyo Convention (1963) - Offences on Board

This convention addresses acts committed on board that may jeopardize the safety of the aircraft. It applies when the aircraft is in flight, on the surface of the high seas, or in any area outside the territory of any State.

Powers of the Aircraft Commander

Article 6 grants the commander the authority to:

  • Impose reasonable measures, including physical restraint, upon any person who he has reasonable grounds to believe has committed or is about to commit an offence or act jeopardizing safety or good order on board.
  • Require or authorize the assistance of other crew members and request (but not require) the assistance of passengers.

The commander may also disembark such person or deliver them to the competent authorities of the State where landing (Article 9).

Warsaw Convention and Montreal Convention (1999)

These conventions regulate the liability of air carriers and transport documents.

Passenger Ticket

The ticket constitutes prima facie evidence of the contract of carriage. The absence, irregularity, or loss of the ticket does not affect the existence or validity of the contract; however, under the Warsaw Convention, if the carrier accepts a passenger without a ticket, it may lose the right to limit its liability.

Liability for Baggage (Montreal Convention, Art. 17)

The carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage upon condition only that the event which caused the destruction, loss or damage took place on board the aircraft or during any period within which the checked baggage was in the charge of the carrier.

  • For unchecked baggage (personal items), the carrier is liable only if the damage resulted from its fault or that of its servants or agents.
  • The carrier is not liable if the damage resulted from the inherent defect, quality or vice of the baggage.