Sustainable Tourism Law

472 SUSTAINABLE TOURISM LAW I. TOWARDS THE UNDERSTANDING OF THE CONCEPT OF TOURISM LAW In the history of tourism regulation, there are legal concepts with expressions featuring highly misleading ideas, which have different and perhaps even contradictory meanings. There are also different legal regulations in the countries that have a touristic tradition, and each one of these regulations includes in itself a representation of this complex phenomenon that we call tourism. If these regulations are observed, it can be seen that they are fragmented, they are isolated, there is only one aspect of the phenomenon and it is treated separated from other aspects. It can also be seen that each one of them is developing political ideas of economic or legal interventions and limits the tourism phenomenon to the space where this policy occurs. A reflection on the laws of tourism should surpass these limits, it should try to reconstruct the unitary lines of that fragmentation. From a particular observation, it was found that there has been theorization about the regulation of tourism, and those new theories have made proposals to understand the touristic reality. For example, the specialized Brazilian doctrine holds that tourism must be treated by a specific branch of law, however, there are also positions within the theoretical debate which reject the specialization, but in reality they fail to give a concrete explanation about the generality to which they allude. There are three general divisions: (a) The traditional view of the Public TourismLaw; (b)The traditional view of PrivateTourismLaw; (c)The traditional view of the Social Law of Tourism. But none is up to the changes experienced by our society, e.g. in technology, social focal points, security, culture, among others. Therefore, in this society the movements of people, of individuals, can be carried out in all directions and can constitute movements of all citizens. Nowadays, the structural nature of these movements is not linked to a specific objective, to a specific destination, to a specific class or to a specific social level, such as a teacher, writer, composer, plumber or others. These movements, displacements and, in general, their expectations, are for everyone. In today’s society, the fundamental character of the movement is singular, it is unique, and it is available to everyone. We have recently heard: tourism is available to everyone, travelling through space is available to everyone, air fares are now available to everyone. This way, anyone anywhere in the world can now have the expectation to travel around the world. That is where the law will have to stabilize these expectations to generalize and universalize them.