Sustainable Tourism Law

THE PRINCIPLES OF TOURISM LAW AS A BASIS FOR SUSTAINABLE TOURISM 475 overnight stays in hotels in Mexico, suggestions to rent a car, to leave and return to the country or requirements to take money to the country that he will visit, he doesn’t expect these modalities to work the same way as in his own country. We can also see that, assuming that a tourist who has his usual residence in the Mediterranean goes to the Caribbean, his expectation is not that the sea of Barbados is the same as the sea of Sardinia; if it was, he would not need to visit the Caribbean to see and experience the same elements as he would in his place of residence. However, to experience, act and live as a tourist, the only thing one can expect is to not be disappointed by the way the Law operates, that is, that there are laws at the destination that operate correctly and that one may gain knowledge of how they operate. On the other hand, and in tourism conditions, where the recipient of the Law is not the citizen, there is also a similar situationwithout specific expectations. For example: a citizen of Venice is the recipient of the Italian law, but a Mexican, an Albanian, a Colombian, a Chinese, a Japanese, a Brazilian or an Ecuadorian, who are on vacation in Venice, each one of them does not have the expectation that the Venetian citizen has concerning the Italian law, their expectation is that, despite their differences, they may have something in common, that unites them. Which is that non-Italian tourists are generalized recipients, and there are laws that give stability to their expectations, whereby Venice there are laws that operates as a right. So, it can be said that the function of Tourism Law is to produce and stabilize trust in the Law, in a legal operation, without differences between people. A Venezuelan can’t be privileged by the law and a citizen of Japan, Australia or Mexico have no privileges. That is the function of a generalization of expectations. The function of the Law in the field of tourism is not to guarantee specific content, but to guarantee the stabilization, reinforcement and fulfilment of the generalized expectations regarding the Law, in the sense that they are for everyone, without any exclusions. Expectations can be guaranteed in different ways. First, by including everyone in the scope of the Law. This implies accessibility, meaning everyone has the ability to access the Law; security that each and every one of them has to be able to use the law as an inexhaustible resource for all situations. If a tourist goes to Nepal, he doesn’t have the security of a friend’s presence, of his church, of his political party or of his neighbours, in general he has no security at all, he is a tourist. The only social system that can give him

RkJQdWJsaXNoZXIy NzgyNzEy