Sustainable Tourism Law

TOURISM AND HERITAGE:THE ROLE OF THE WIDESPREAD HOTEL 155 the needs of individuals 45 . In other words, we need to reconcile the three Ps (Profit, People, Planet) and promote sustainable development that meets the needs of the present without compromising the possibility for future generations to do the same. And this is not philanthropy or volunteering 46 , but a governance extended to extra social interests (of consumers, financiers, of the community in general, of the environment) that seek to reconcile with each other. According to the text of the art. 41, however, the non-opposition to the social usefulness, dignity and safety of people would seem to be a limitation and not the reason for the entrepreneurial activity. Even if inspired by Aristotle, it can be asserted that “ ethics, it is better to have it as a guide than as a brake ”. It follows that – as already mentioned – the union between business and ethics is essential to get out of the crisis that is affecting today’s society and is not a mere “marriage of interest” . In fact, an empirical study has shown that companies more attentive to sustainability are rewarded by the Stock Exchange with a higher quotation value and improve their reputation (which facilitates social accreditation, reduces the so-called transaction costs, makes the recruitment of personnel simpler and improves profitability). But we must distinguish between negotiating incorrect behaviour and cunning/ability, which is the soul of commerce 47 , especially since the legislator itself leaves room for operations that are difficult to reconcile with an ethical business concept: “If the parties do not fix any corrective measures, it is because they trust each other and the judge cannot alter the negotiating equilibrium if not when the trust placed is violated in bad faith. (...) But if instead of a fraud, the factual circumstances merely show “negotiating skills” of a party, then it is to be excluded that the judge can assist the most sloppy party in the negotiations” 48 . In order to avoid manoeuvres near the limits of fraud regarding the law and guarantee respect for people and the environment, it is sufficient to observe the 45 For a more specific and deeper information of the topic see f. torchia, Il Consumo di microcredito e la Tutela della Persona Umana, ESI, 2006. 46 The integration of CSR into the business model implies an overall consistency of business choices, even if not immediately perceivable by consumers (such as the use of production techniques with lower environmental impact or greater comfort for workers, etc.). Moreover, while the logic of philanthropy is that of “concession” or “compassion”, CSR rests on the principle of “equal dignity” of all the individuals involved. 47 To demonstrate that the problem in question is ascending, remember the case presented by Cicero (and reported by P. GALLO, Buona fede contrattuale e trasformazioni del contratto , in Riv. dir. civ ., 2002, I, p. 243) of a grain merchant who arrived at Rodi after a long famine and was aware that many other ships loaded with wheat were about to arrive: is it legitimate to keep quiet in order to obtain a greater amount? 48 N. DE LUCA, Validità delle clausole di trascinamento (“Drag-along”), in Banca, borsa, tit. cred ., 2009, I, pp. 183-185.