Sustainable Tourism Law

106 SUSTAINABLE TOURISM LAW • the development of tourismand its economic, social, cultural and sustainable role; • a context of increasing diversification of destinations and countries of origin; and • a fair balance between the interests of tourists and tourism service providers. In the light of the title of the draft convention, as well as because of these references, one would expect the convention to cover both aspects of consumer protection and sustainability. Moreover, the title suggests certain rights of the tourism service providers, which include rights related to sustainable tourism and limitations of the interference of tourists with the economy, culture and environment at the destination. When analysing the text of the draft convention, we find a very broad definition of the term “tourist”, which is defined as “ a person taking a trip which includes an overnight stay to a main destination outside his/her usual environment, for less than a year, for any main purpose other than to be employed by a resident entity in the country or place visited ” 9 and therefore includes posted workers as well as even soldiers if their stay lasts for less than a year. In the context of the objectives of the draft convention and its annexes, it seems questionable whether such broad definition really makes sense. As regards the structure of the draft convention, it is split into a core part which includes general principles and definitions and three annexes related to • assistance obligation of the States Parties in emergency situations 10 ; • package travel 11 ; and • accommodation 12 . The purpose of this structure is to allow for flexibility in the ratification of the Convention, as State Parties are free to limit their acceptance of the convention to the minimum of only one annex and may at any time extend this acceptance to other annexes or withdraw their acceptance of one or more annexes 13 . 9 Article 3 lit (a) of the Draft Convention. 10 Annex I. 11 Annex II. 12 Annex III. 13 Article 4 of the Draft Convention.

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