The first freedom is the right to fly over a foreign country without landing.[6]: 31  It grants the privilege to fly over the territory of a treaty country without landing. Member states of the International Air Services Transit Agreement grant this freedom (as well as the second freedom) to other member states,[7] subject to the transiting aircraft using designated air routes.[8] As of the summer of 2007, 129 countries were parties to this treaty

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IASTA allows each member country to charge foreign airlines "reasonable" fees for using its airports (which is applicable, presumably, only to the second freedom) and "facilities";[8] according to IATA, such fees should not be higher than those charged to domestic airlines engaged in similar international services.[8] Such fees indeed are commonly charged merely for the privilege of the overflight of a country's national territory, when no airport usage is involved