Sustainable Tourism Law

FROM TOURISM TO SUSTAINABLE TOURISM 39 and farm holidays. It has tax effects. It creates new civil torts, such as spoiled holiday damages. It modifies the ternary property function, referring to the phenomenon of “hotel timeshare”. This new approach has found confirmation in the manuals that jurist all over the world have dedicated to Tourism 2 . As we will see, Tourism Law has provided a relevant contribution to the evolution of Italian private law. In recent times, a strong movement towards the principle of Sustainable Tourism is developing. Travel and Tourism One point must be clear. Tourists travel, but not all travellers are tourists. To mix travel with tourism is inaccurate and may create confusion and errors. It may be historically correct to assert that tourism originates from travel contracts 3 . But to continue following this outdated approach is misleading. People travel for business, out of necessity, or forced by external events. These travellers are not tourists: they are travellers. During World War II, thousands of Americans crossed the ocean to come to Europe. They travelled, but they were not tourists: they were soldiers. In modern times, thousands of people are moving to Europe, but not as tourists: they are escaping from wars and persecutions. This does not mean that the rules developed in Tourism Law cannot be applied to travels. It also does not mean that travel contracts are not evolving. But tourism has its own individuality that distinguishes it from mere travel, as we will see. “Causa turismi”, tourism variety and classification of touristic motive The unitary element of the tourist activities and contract – and therefore of Tourism Law – is the “causa turismi”. But scholars and practitioners are well 2 Here are listed some texbook on Tourism Law of various country and in various lenguages: in Italian, Vincenzo FRANCESCHELLI – Francesco MORANDI, Manuale di diritto del turismo , Torino, Giappichelli, 6 Ed., 2017. In French, Jean-Marie BRETON, Droit et politique du tourisme , Paris, Dalloz-Sirey, 2016; Evanthia KARDOULIA, Cadre juridique du tourisme en Grece, Editions universitaires europeennes, 2017; In Spanish AAVV Derecho del Turismo Iberoamericano , Diego A. Benítez coordinador, Ed Librosenred, 2010;. In Spanish Adolfo AURIOLES MARTIN, Introducción al Derecho Turístico. Derecho privado del Turismo , Madrid, Tecnos, 2002; Julio FACAL, Manual de Derecho del Turismo , La Ley, Uruguay, 2017; José Luis VILLASEÑOR DÁVALOS, Derecho Turístico Mexicano , Editorial Harla, México, 1998; In English, John DOWNES and Tricia PATON, Travel and tourism law in the United Kingdom , 5th ed. Huntingdon, England Elm Publications, 2011; Antony J. CORDATO, Australian Travel & Tourism Law, 4 ed., Australia, Butterworths, 2006; Alexander ANOLIK, Travel, tourism, and hospitality law , 2nd ed. San Francisco, 1995; Alex BRETTENNY and others, Tourism and the law in South Africa , Vrancken, P. H. G., editor. Durban: LexisNexis, 2002 and we could continue. 3 James BUZARD, The Beaten Track. European Tourism, Literature, and the Ways to `Culture’, 1800-1918 , Oxford University Press, 1993. Buzard capturer and indicated the distinction from travelers to tourist.