Sustainable Tourism Law

476 SUSTAINABLE TOURISM LAW guarantees is the law, by including him in its scope. However, the tourist does not know it but he’s aware that even if the Nepalese are Buddhists and he is a Catholic, or Christian, if they have different skin tones, even if they speak a different language, even if the Nepalese are rich and the tourist is poor, the tourist can have access to the law continuously, in any situation that may arise, even though he can’t foresee it or think about it. For that reason, Tourism Law can’t talk about specific expectations, thinking about them would be confusing and create exclusions. II. DISCUSSION OF THE CONCEPT OF TOURISM LAW Below, I shall expound on the most relevant theoretical background elements identified throughout the research process. I shall begin by pointing out that the study of tourism regulation has been considered from a traditional perspective. That is, from a normative theory, without truly apprehending tourism as a whole. Along these lines, we find works such as that of Italian expert in Law (Belotti, 1919) who, in the second decade of the last century, posited, from a particularly wide perspective, that Tourism Law exists within the law, the tenets of the law and jurisprudence, whereby the regulation of touristic activities would be achieved. He pointed out that the legal framework of tourism lies within the spheres of public and private life. His focus includes natural persons, touristic entities, sports, contracts and even unlawful acts committed through, or in relation to activities of a touristic nature. On the other hand, law experts (Fernández Álvarez, 1974), and (Pérez Bonnin, 1978), posited, back in the 1970’s, that Tourism Law lies within Public Law, specifically in Administrative Law. Thus, they contend that there is a figure such as Tourism Administrative Law, which is made up of administrative norms that regulate any and all sectors of tourism. On yet another perspective, considering a normative framework, it is posited that Tourism Law can be found in private life, since its inception lies in the meeting of the wills of private citizens who are interested in the field of tourism. From those we highlight (Blanquer Criado, 1999; Gómez Calero, 1997; Weingarten, 2000 and Torres Lana, 2003). However, these works do not fail to acknowledge that Tourism Law can also be present in different areas of the Law. Other studies, such as those presented by (Busti, 2002; De la Cerda Badaró, 2003; Ferraz, 2005; Ceballos Martín, 2002; Morandi, 2007 and Pérez Guerra, 2006), provide a broad focus on the study of Tourism Law, as they incorporate

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