Sustainable Tourism Law

328 SUSTAINABLE TOURISM LAW begins to emerge. Nevertheless, the 19th century only experienced a minor development of tourism destined for elites, or for small numbers of people, as neither cars, airplanes nor travel agents existed yet. It is possible to find a transitional tourism (19th and 20th centuries) with the beginning of the construction of roads and, naturally, the development of aviation, means of communication and marketing, which enabled the movement of people between different places. Therefore, tourism on a massive scale for large numbers of people only developed during the 20th century, with the emergence of air travel, modernization, infrastructures, travel agencies and credit. Taking all of this into account, a systemic approach is possible where tourism requires the following elements: a) organizational superstructure; b) demand; c) attractiveness; d) equipment and facilities; e) infrastructure; f ) local community. II. TOURISM: A PUBLIC OR A PRIVATE ACTIVITY? The Tourism Bill of Rights and the Tourist Code of the World Tourism Organization states that: “The right of everyone to rest and leisure, reasonable limitation of working hours, periodic leave with pay and freedom of movement without limitation, within the bounds of the law, is universally recognized”. Thus, for the Government, tourism is a relevant activity from an individual, social, economic and cultural point of view. Tourism must be considered “as a social and economic development factor, an activity of public interest” (Tourism Law N.º 19253, Uruguay) . Hence, although there is a definition of the government’s role, it does not demand exclusivity but a necessary combination between the public and private sectors; control, promotion and development of the activity by the government, and exploitation by the private sector. Section 3 states “The Government will be responsible for the guidance, encouragement, promotion, regulation, research and control of tourism and all the services and activities directly connected to it”. “The provision and development of services and activities considered as touristic correspond to the private sector. Nevertheless, based on grounds of public order, or whenever the exploitation of tourist services and activities is deemed necessary, the Government may take them over”. Hence, the principle of subsidiarity is thus established where the Government takes a subsidiary part when necessary, becoming, in consequence, a private activity.