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Unlike shipping rights, “trafficking rights” allow international commercial services between, by and in some cases, within countries that are parties to air agreements or other contracts. [2] While it was agreed that the third to fifth freedom should be negotiated between states, the international agreement on air services (or “five freedoms agreement”) was also opened for signature, which includes the first five freedoms. [14]:108 The other four freedoms are made possible by certain air agreements, but not “officially” because they are not mentioned in the Chicago Convention. [14]:108 The 1952 bilateral air services agreement between Japan and the United States is considered particularly controversial because of the granting of unlimited fifth freedom traffic rights to designated U.S. airlines operating in the Asia-Pacific region west of Japan. In the early 1990s, for example, the Japanese government`s refusal to allow flights on the New York City-Osaka-Sydney route sparked protests from U.S. management and airlines seeking proof of the route. The Japanese government responded that only about 10% of the traffic in the Japan-Australia sector was the third and fourth freedom traffic to and from the United States, while the bilateral agreement specified that the main justification for unlimited fifth freedom traffic was to fill aircraft carrying a large portion of U.S. or U.S. traffic under these rights.

Japan had maintained many unused rights of the Fifth Freedom beyond the United States. However, due to the increased operating costs of Japanese airlines and geographic circumstances, they were considered less valuable than the fifth freedom enjoyed by U.S. carriers over Japan. Japan serves as a useful gateway to Asia for North American travellers. The United States asserted that Japan`s favourable geographical location and the transportation of its flag airlines, with a considerable volume of six transit traffic through gateway cities in Japan, had helped to improve the competitive conditions. In 1995, the air transport agreement was updated by liberalizing Japanese airlines` access to U.S. destinations, while restrictions were imposed on U.S. carriers. [20]:19-24 The UK will automatically leave the ECAA with all horizontal agreements negotiated by the EU at the end of the transition period. It also means that BRITISH airlines will no longer be subject to ECJ jurisdiction or EESA supervision. As a result, the government [11] has confirmed that it “… guaranteeing the best possible access to European aviation markets…