Sustainable Tourism Law

THE UNWTO DRAFT CONVENTION ON THE PROTECTION OF TOURISTS 221 2005/29/EC of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market 59 , that is still to be taken into account. This attitude based on openness towards the draft International Convention expressed by the European Union is complemented by the interest shown by the other institutions and other international organizations which the General Secretariat has contacted to ask for feedback and opinions. Among others, considering that the UNWTO supports the development of a number of basic principles concerning the rights and the protection of passengers in air travel globally, ICAOhas initiated a close collaborationwith theOrganization to avoid inconsistencies and duplication 60 , as well as to minimize the possibility of conflict between the rules relating to the protection and assistance of the tourists and the rules and regulations in the field of air transport 61 . The two United Nations special agencies have long been committed to “contributing to the emergence of globally convergent rules on the protection of passengers, tourists and tourism service providers, within our respective mandates and the frameworkof existing or future international bilateral ormultilateral agreements” 62 . The first reactions of market operators with respect to the text of the draft International Convention are cautious with regards to the regulatory choices adopted by the Working Group in the latest draft version 63 . For everyone, the position taken in particular by the HOTREC 64 highlights the need to ensure that the draft International Convention ( Annex II – Package travel 59 See the Directive 2005/29/CE of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/ EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (so-called ‘Unfair Commercial Practices Directive’). 60 The close relations of collaboration and the prospects of interaction between ICAO and the WTO are highlighted in the topics addressed in the preparatory document “ Tourism and Air Transport Policies – Background paper for the General Debate” , prepared for the 20th session of the General Assembly of the UNWTO. 61 See the Working paper on the topic “ A tourism perspective on consumer protection ”, presented by the WTO at ICAO (ATConf/6-WP/31 of 31 January 2013, Revised 11 February 2013) on the occasion of the Worldwide Air Transport Conference, the 6th meeting, held in Montreal from 18 to 22 March 2013. 62 The ICAO and UNWTO expressed themselves in these terms in the joint declaration “ Working together on common issues will more effectively position aviation and tourism as leaders in the pursuit of sustainable development ”, signed in Montreal on 18 March 2013. 63 From a technical point of view, it is interesting to point out the observations made by IFFTA, the International Forum of Travel and Tourism Advocates, presented at the 24th UNWTO Conference, held in Prague from 23 to 26 October 2013, curated by T. Margiotti, M. McDonald and K. Tonner, then published as IFTTA Submission to the UNWTO on the Draft Convention on the Protection of Tourists and Tourism Service Providers , cit., where it is emphasised, among other things, how the project of the Convention should have been completed with the regulation of timesharing and leases for tourist use (in IFTTA Law Review , 2-2014, p. 14 ss.). 64 The European Association of Hotels, Restaurants, Cafes, Pubs and similar, brings together 40 national Associations in 29 Countries and represents a significant part of the hospitality industry in Europe.