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百慕大协定（全称：联合王国政府与美利坚合众国政府有关在两国间开展航空服务的协定）是英国和美国于1946年在百慕大谈判签署的一个航空协定，旨在规范两国间的航空服务。这也是早期的双边民航运输条约的一个范本，它直接影响了之后近三千个类似的条约。这项协定后于1977年重新签订，并于1978年生效的百慕大协定II所取代。

背景

波音314

在第二次世界大战时，英美之间的跨大西洋航线只有由波音314执飞的巴尔的摩与福因斯一条。泛美航空自1939年7月起，英国海外航空（BOAC）自泛美航空购入三架波音314以后也同样飞航该航线。 在1944年达成的芝加哥公约中，英美两国就航权方面产生了分歧。虽然他们都同意其中的第一与第二航权，但是英国和一些国家不愿接受美国在第三、第四、第五航权上的立场。 美国希望能自由决定在国际航线中的班次与运量 ，而英国因为在第二次世界大战中，损失了大量的机队，无法与蒸蒸日上的美国航空公司进行竞争。

在百慕大协定之前，美国已经与数个欧洲国家（爱尔兰、挪威、瑞典和丹麦）签订了双边航空协定，并与数个欧洲、拉美国家建立了一个多边空运协定体系。但是往来英国的民航始终要与英国政府进行临时谈判。到了1945年末，英国已将美国航空公司的跨大西洋航线限制至每周14班，500席，最低票价375美元。

1945年七月，美国政府批准泛美航空，环球航空，美国对外航空运营跨大西洋航线。道格拉斯DC4在同年十月投入纽约至伯恩茅斯航线。泛美航空宣传其DC4将能使票价降至波音314的一半。这使得英国政府对泛美航空和美国政府施压。 同年底，美英两国政府同意在百慕大进行会面和商定双边航空协定。

核心条款

与已有的双边和多边航空协定所不同，百慕大协定规定了英国两国航空公司可飞航的航线，也给予了在航线上各点上下客的权利（但不包括国内运输权）。

• 英国航空公司:
  • 伦敦 - 纽约 - 旧金山 - 火奴鲁鲁/中途岛/威克岛/关岛/马尼拉 - 新加坡/香港
  • 伦敦 - 纽约 - 新奥尔良 - 墨西哥城
  • 伦敦 - 纽约 - 古巴 - 牙买加/巴拿马 - 哥伦比亚/厄瓜多尔/秘鲁/智利
• 美国航空公司:
  • 美国国内 - 伦敦 - 荷兰/德国/斯堪的纳维亚/俄罗斯
  • 美国国内 - 伦敦 - 比利时 - 中欧 - 近东 - 印度
  • 火奴鲁鲁 - 香港 - 中国/印度
  • 火奴鲁鲁 - 香港 - 新加坡 - 荷属东印度群岛

The inclusion of many fifth freedom routes (beyond the United States and British Isles) reflected the fact that many territories such as Hong Kong, Singapore and India were still British colonies at the time the agreement was signed, and that many third countries were eager for air service and willing to provide rights to British and American carriers without restrictions.

As a compromise on the capacity issue, the Bermuda Agreement provided for equitable principles that "there shall be a fair and equal opportunity for the carriers of the two nations to operate on any route between their respective territories (as defined in the Agreement) covered by the Agreement and its Annex" and that "in the operation by the air carriers of either Government of the trunk services described in the Annex to the Agreement, the interest of the air carriers of the other Government shall be taken into consideration so as not to affect unduly the services which the latter provides."

Fares were made subject to regulatory approval by authorities in each country or by the International Air Transport Association, effectively giving the IATA immunity from US antitrust law, which immunity remained in effect on North Atlantic routes until 1979.

Operations under the agreement

1940s

Pan Am Lockheed Constellation at Heathrow Airport, London

Pan Am took delivery of the Lockheed 749 Constellation in June 1947 and began its "round-the-world" route with eastbound stops in New York, Gander, Shannon, London, Istanbul, Dhahran, Karachi, Calcutta, Bangkok, Manila, Shanghai, Tokyo, Guam, Wake, Midway, Honolulu and San Francisco, taking advantage of Bermuda Agreement fifth freedom rights.

Newfoundland, an essential refueling stop on any transatlantic air route in the 1940s, was part of Britain at the time the Bermuda Agreement was signed. In 1949, following its accession as a Canadian province, the United States signed an agreement with Canada to provide for fifth freedom rights to and from Gander.

1950s

BOAC de Havilland Comet jet

Pan Am acquired AOA from American Airlines in 1950, concentrating the US-UK air travel market to three carriers: Pan Am, TWA and BOAC.

BOAC, still Britain's sole transatlantic carrier, sought to compete with Pan Am's "round the world" service by offering an "all-red" route from Britain to Australia via Canada, but bilateral agreements between the UK and these countries stalled in the early 1950s. BOAC proceeded to open a London-Chicago route in May 1954, with the intention to extend the service to San Francisco and Tokyo. The San Francisco extension was not realized until 1957, and US government approval for the Tokyo service did not come until 1959 due to objections by Northwest Airlines.

BOAC introduced de Havilland Comet jet service on the London-New York route in 1958. TWA began jet service on the New York-London-Frankfurt route in 1959.

1960s

The United States began to exercise an even more dominant position in the transatlantic market during the 1960s. One key issue was that Pan Am and TWA began to use the hub and spoke system to feed passengers from many US destinations through a transatlantic "gateway" and on to Europe, giving the US carriers an advantage in serving secondary markets. Partly as a result of this competitive pressure, the market share of BOAC on transatlantic routes fell from 37.8% in 1961-62 to 30.9% by 1966-67.

1970s

The British government added a privately owned carrier, British Caledonian, to the transatlantic market in 1973, with flights from London's Gatwick Airport to New York and Los Angeles. BCal was forced to exit the market in 1976 after the British government determined that competition was not improving Britain's overall market share.

Termination

In 1976, the British government announced its intention to renounce the agreement, beginning the negotiation of the Bermuda II Agreement which became effective in 1978. Although the UK initially sought an equal division of capacity between UK and US carriers, the final Bermuda II agreement largely preserved the liberal capacity provisions of Bermuda I.

The Bermuda agreements were replaced in two stages on 30 March 2008, and 24 June 2010, by the EU–US Open Skies Agreement between the European Union (representing 25 European countries) and the United States, providing for an Open Skies regime even more liberal even than Bermuda I.

Effect on other aviation agreements

Both the United States and the United Kingdom made the Bermuda Agreement their model for bilateral agreements with other countries until Bermuda II. The only major exception during this era was the 1966 agreement between the United States and the Soviet Union, which designated Pan Am and Aeroflot as the operating carriers from each country and left commercial details of service to the airlines' prior agreement. Although most other agreements during this era followed the Bermuda I model, they tended to include fewer and fewer fifth and sixth freedom rights (traffic rights to and from third countries) as time went on, as the increased range of aircraft made such rights less necessary. The general principles of the Bermuda Agreement were also followed by other countries, such as Canada in its various bilateral agreements.