Sustainable Tourism Law

THE BINDING FORCE OF LEGISLATIVE INSTRUMENTS 175 reform their domestic legal system in compliance with a Soft Law, since otherwise they can suffer certain type of countermeasures on the part of the organizations and institutions that have dictated them, such as the inclusion in a “blacklist” (blacklisting) or economic sanctions 4 . III. REASONS TO LEGISLATE SUSTAINABLE TOURISM THROUGH SOFT LAW In my opinion, there are some reasons that justify the technique of Soft Law in the field of Sustainable Tourism: 1 – At the global level : the lack of a global and centralized legislative authority with legislative powers for the creation of binding general legal rules. Although the World Tourism Organization (UNWTO), the United Nations Specialized Agency for Tourism, is working hard to raise awareness of the contribution of Sustainable Tourism to development among public and private sector decision-makers and the public, while mobilizing all stakeholders to work together in making tourism a catalyst for positive change, the World Tourism Organization (UNWTO) does not represent a global and centralized legislative authority with legislative powers for the creation of binding general legal rules. 2 – At a European level : the lack of centralized European policies on tourism. Despite Europe being the most attractive tourist destination in the world, and tourism playing a major part in growth and job creation in Europe, tourism is a sector that is still spread across several areas. As we know, tourism is a sector that is divided in areas such as consumer and user protection, the transport sector, the freemovement of people, goods and services, and theprotectionof the environment. So, several Community policies can have an effect on tourism and its sustainability. For this reason, it is necessary to take a holistic approach, addressing not only the economic prosperity of the sector, but also social cohesion, environmental protection and promotion of the culture of European tourist destinations. 4 G. ALARCÓN GARCÍA, “El Soft Law y nuestro sistema de fuentes”, en Tratado sobre la Ley General Tributaria , Libro-Homenaje del profesor Alvaro Rodríguez Bereijo, cit.