Derecho del Turismo en las Américas

On Tourism Law 71 Venezuelan Civil Code of 1863 – codifications that were issued before the Spanish one of 1889 – and, on the other hand, by the fact that, up to a few years ago, in Cuba (the last pearl of the Ancient Spanish Empire), the Spanish Código Civil was still in force. In Common Law countries, the unifying element given by the codification has obviously been missing – and it is still missing; but unifying elements are derived, for Tourism Law – perhaps in a softer way – by Common Law itself, and by the influence of the international vocation of Tourism Law, repeatedly mentioned. 7. As mentioned, the founding components of Tourism Law are the international vocation and consumer protection. The principles of the sustainable economy have been added to these components. Strong of its past of “green industry”, tourism has confronted itself with sustainable development since the World Tourism Conference, held in Manila in 1980. And here too tourism has also shown its peculiarities, building, within the principles of sustainable development, the principles of Sustainable Tourism for Development, which mediate between conflicting interests that seemed irreconcilable: the development and the defence of the environment. This component generated the Law of Sustainable Tourism and, then, consequently, become part of Tourism Law itself. The component of sustainable development is verifiable in Italian Law, in EU Community Law and, subsequently, in the national law of the States of the European Union. There is no tourism legislation or statute, whether regional, State or community, that does not refer to sustainable tourism. A verifiable trend in the Tourism Law of the Latin American States. 8. What has been written so far allows us to make some conclusive thoughts and remarks. Tourism Law is a heterogeneous set of rules, whose traditional ingredients were the varied and uncoordinated public law components, the ancient tradition of transport law, “ ξενι ´ α ” and hospitality. In this context, the interdisciplinary components of public and private law have found a balance. Public law constitutes the framework within which the private autonomy of private relations operates, one component influencing the other and also being influenced by it; thus, it can be said that one cannot do without the other. These historical elements – which formed the basis for the creation of Tourism Law – were joined by consumer protection and the principles of Sustainable Development, determining the birth of Tourism Law as we know it today.

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