Cabotage
Cabotage is the transport of goods or passengers between two places in the same country by a carrier registered in a different country. The term originally applied to shipping along coastal routes, port to port, but now applies to aviation, railways, and road transport as well. Most countries do not permit cabotage, and there are strict sanctions against it, for reasons of economic protectionism, national security, or public safety. One notable exception is the European Union, whose member states all grant cabotage rights to each other.
Etymology
The term "cabotage" is borrowed from French. It is derived from caboter which means "to travel along the coast". The origin of caboter is obscure: it may come from cap or cabo "cape", or it may refer to a type of boat. Attempts to link the word to the Italian explorer John Cabot are not supported by evidence.In shipping
Cabotage laws apply to merchant ships in most countries that have a coastline so as to protect the domestic shipping industry from foreign competition, preserve domestically owned shipping infrastructure for national security purposes, and ensure safety in congested territorial waters. As of 2018, 91 countries had such laws, representing 80% of the United Nations member states with coastlines.For the history of cabotage in UK law, see Navigation Acts.
Indonesia implemented a cabotage policy in 2005 after previously allowing foreign-owned vessels to operate relatively freely within the country.
In the Philippines, the Tariff and Customs Code of the Philippines which is also known as the Cabotage Law restricts coastwise trade or the transport of passengers and goods within the country, to vessels with Philippine registry which has to secure a coastwise licence from the Maritime Industry Authority. After the passage of Foreign Ships Co-Loading Act or the Republic Act No. 10668 in 2015, foreign vessels with cargo intended to be exported out of the country may dock in multiple ports in the country before transiting to a foreign port.
China does not permit foreign flagged vessels to conduct domestic transport or domestic transhipments without the prior approval of the Ministry of Transport. However, this rule does not apply to Hong Kong as it is considered a "foreign" port, which benefits it remaining attractive as a hub.
In the EU, rights to cabotage in newly admitted member states were restricted; but this introductory provision was abandoned after criticism in the light of the Paros ferry disaster.
The Hague–Visby Rules, a convention which imposes duties on maritime carriers, apply only to "carriage of goods by sea between ports in two different states", and thus do not apply to cabotage shipping. However, section 1 of the UK Carriage of Goods by Sea Act 1971 declares that the Rules "shall have effect … where the port of shipment is a port in the United Kingdom, whether or not the carriage is between ports in two different States …".
United States
In the United States, the Merchant Marine Act of 1920 requires that all goods transported by water between U.S. ports be carried on ships that have been constructed in the United States and that fly the US flag, are owned by US citizens, and are crewed by US citizens and US permanent residents. The Passenger Vessel Services Act of 1886 states that no foreign vessels shall transport passengers between ports or places in the United States, either directly or by way of a foreign port.A vessel satisfies the "US built" requirement if:
- "all major components of its hull and superstructure are fabricated in the United States"
- assembly of the vessel occurs "entirely in the United States."
- all points in the territorial sea, within three miles of the coast,
- points in internal waters of the United States,
- the island territories and possessions of the United States.
- pursuant to the Outer Continental Shelf Lands Act, the requirements also apply to structures attached to the American outer continental shelf for the purpose of exploration, development, or production of natural resources.
In passenger aviation
Australia and New Zealand
The Closer Economic Relations agreement allows Australian air carriers to fly domestically and internationally from New Zealand and vice versa. An Australian carrier, Jetstar, flies domestic routes within New Zealand. Air New Zealand offers one international destination from Australia outside New Zealand, flying between Sydney, Australia and Rarotonga of the Cook Islands. Previously, Qantas Jetconnect, Pacific Blue and Ansett New Zealand were Australian-owned airlines based in New Zealand that operated domestic New Zealand services. Similarly, Air New Zealand operated two domestic routes in Australia, between Sydney & Brisbane, Australia and Norfolk Island, Australia; this was suspended due to Air New Zealand staffing issues related to COVID-19 border closures in 2021, being taken over by Australian carrier Qantas, initially on a temporary basis, but ongoing as of 2025.Australia also permits foreign-owned airlines incorporated under Australian law to operate on domestic routes, although it prohibits such airlines from operating international routes as Australian flag carriers. They can, however still operate international routes if they are operated by an Australian-owned subsidiary.
Chile
has the most liberal cabotage rules in the world, enacted in 1979, which allow foreign airlines to operate domestic flights, conditional upon reciprocal treatment for Chilean carriers in the foreign airline's country. This unusual regime is partly due to Chile's geographical need for air service, and partly to incentivize liberalization in other countries amid the international expansion of its flag carrier LATAM Chile, which now has major operations in many other Latin American countries. Like Australia, Chile allows foreign companies to set up Chilean subsidiaries to offer domestic flights in Chile, regardless of reciprocity.European Union
Carriers licensed under EU law are permitted to engage in cabotage in any EU member state, with some limitations. Ryanair, easyJet, Vueling, Wizz Air, and Aer Lingus have bases and operate domestic services outside their home countries.United States
Foreign-registered aircraft are prohibited from carrying passengers or cargo between points in the US, except as part of a through trip involving travel to or from a foreign point. In order to fly between points within the US, at least one leg of the trip must be booked on a US airline.Other examples
Before 1991, Lufthansa was prohibited from flying to West Berlin, so Pan Am, British Airways, and Air France operated the routes between West Germany and West Berlin. For a short time in the late 1980s, Trans World Airlines also flew between then-West Germany and West Berlin. During this time, Pan Am flew to Tegel, in Berlin, from Munich-Riem Airport, Hamburg and Frankfurt. Air France flew from Düsseldorf. British Airways flew from Münster-Osnabrück, Hannover, and some other cities.In 2003-2004, the United States Department of Transportation authorized Polynesian Airlines to provide temporary cabotage service in American Samoa after all US-flagged airlines ceased operations in the region, one of very few instances where the US has granted cabotage rights in an emergency.
In October 2007, the United Kingdom granted Singapore carriers the right to fly domestic UK routes as part of an open skies agreement, which also allows British carriers to fly to any city from Singapore.
Reciprocal cabotage rights exist by treaty between New Zealand and Brunei, and between the People's Republic of China and Albania.
In 2024, due to western sanctions on its aviation industry, Russia sent cabotage proposals to "friendly countries" such as India and China, in the hope that airlines from these countries can operate domestic routes in Russia to mitigate its airplane shortage.