The fifth freedom right means that the aircraft of country A, from a service originating in country A, is allowed to embark passengers and cargo in country B and disembark them in country C. The fifth freedom has been controversial largely because country B and country C (and their national carriers) often view country A airlines as ‘stealing’ their own markets. Although the controversy still exists, the liberalization of market access restrictions has spread to many parts of the world and governments have granted more fifth freedom rights. Interestingly, however, the use of fifth freedom passenger rights has been decreasing. The decline of fifth freedom flights is largely due to the following factors: the availability of longer range aircraft, integrated airline partnerships and growing sixth freedom offerings. Passengers are connecting via airline partnerships, and on sixth freedom-heavy airlines. Such options can more adequately serve markets than fifth freedom operators. There are also greater third and fourth freedom short-haul flights, largely due to the development of low-cost airlines. There are some markets where fifth freedom markets are under scrutiny. Certain airlines still seek and operate fifth freedom routes in order to enlarge the market available to them. Compared to the trend, however, these are minor developments. The significance of fifth freedom traffic rights will continue to diminish.
Air and Space Law