Sustainable Tourism Law

474 SUSTAINABLE TOURISM LAW holding those expectations is not willing to grasp reality based on this disappointment. That is, the holder maintains his expectations and the Law provides the strength for that resistance. The Law is a structure of expectations that resists in the face of disappointment. This means that when the Law is activated, expectations are channelled into legal operations. Moving from the general aspects of the Law to the subject that concerns us, from this perspective the role of Tourism Law is not related to Public, Private or Social Law; nor can it feature a character of a particular legal system, which means they are not the few and limited norms with tourism content that exist in some legal system of the world. The problem of the Law in the field of tourism is something different from a prescription, of a prohibition or a permission. The function of Tourism Law is to guarantee the stability of expectations, that the correct legislation exists in the country in which the tourist arrives, stays overnight, consumes and when he returns to his residence. If a person visits a destination, the function of the Law is to guarantee the stability of their expectations 4 . This is a universal function of the Law, which is specified in the field of tourism. It is not the specific content of a norm that performs this function, seeing as the tourist does not know it, does not have the knowledge of the content. The guarantee is assuring the tourist that their expectations regarding the laws are stabilized. The Law within tourism operates not as a specific content, its function is different. The foregoing happens because the tourist does not have the knowledge of the specific content of the rules, he puts himself before the Law with the expectation that this regulation will operate as a right. He trusts. The tourist does not have a specific knowledge of the rules, nor of the places, of the culture or of the customs of the location he visits. In today’s society, tourists do not have a specific expectation regarding certain contents. They have generalized expectations. The tourist is facing the law with an expectation, as a strategy that protects him against the future, because he is sure that his expectations will be met. So, the expectations that will not be disappointed are the expectations that the Law operates as a right. He does not expect Mexico’s law to operate like Italy’s, or Nepal’s, or Ukraine’s or Spain’s. This is not the expectation, nor is it the function. Let’s see, if a tourist, before leaving his residence, looks for a brochure about 4 See N. Luhmann, SOZIALE SYSTEME: GRUNDRISS EINER ALLGEMEINEN THEORIE (1984) [Social Systems: Outline of a General Theory].