Sustainable Tourism Law

210 SUSTAINABLE TOURISM LAW Specifically, the Working Group has analysed four potential options 26 : (a) a binding International Convention, with the most limited margins of discretion, so as to give to the project the structure of a treaty and thus being a binding legal tool; (b) non-binding guidelines so the content of the project can be considered as advice that the States might decide to accept voluntarily; (c) two individual instruments, such as a legally binding Convention coming together with a set of separate and independent guidelines or recommended practices; (d) a single document combining: (i) a binding part consisting of a legally binding Convention or by a set of standard rules having a limited focus; (ii) a second part being non-binding and arranged as a list of general recommendations or guidelines referring to specific issues. Although the latest text version of the draft International Convention is still provisional, it strongly demonstrates that the latter model has been privileged, being characterized by binding main dispositions and by the option of partially agreeing with the discipline contained in related Annexes, as it will be highlighted 27 . III. STRUCTURE AND CONTENTS OF THE DRAFT Being consistent with the aim of implementing a legal instrument essential to guarantee the growth and development of tourism globally, and in step with the objective to establish homogeneous rules to guarantee and promote a satisfactory level of protection for tourists seen as consumers, the draft UNWTO Convention on the Protection of Tourists and on the Rights and Obligations of Tourism Service 28 is formed by General Provisions and by three different Annexes referring to the duty of States to provide assistance during an emergency (Annex 26 See the document CE/90/7, “Activities towards a legal instrument on tourist/consumer protection – General debate”, of May 2011, prepared for the 90th session of the Executive Council, held in Mombasa, Kenya, from 19 to 21 June 2011. 27 See the “Annex: Draft Convention on the Protection of Tourists and on the Rights and Obligations of Tourism Service Providers” [Provisional 11th draft text of the Convention], to the report of the general Secretary A/22/10(I)(c), “UNWTO Convention on the Protection of Tourists and on the Rights and Obligations of Tourism Service Providers”, of 20 July 2017, prepared for the 22nd session of the General Assembly, which took place in Chengdu, China, from 11 to 16 September 2017. 28 As a simple working document (“provisional draft”) the text may of course be subject to change after its further review by the Working Group, while it cannot yet be considered as a proposal or official UNWTO document.