Sustainable Tourism Law

THE PRINCIPLES OF TOURISM LAW AS A BASIS FOR SUSTAINABLE TOURISM 477 topics such as transportation, the hotel industry, consumption, the economy and even planning; and pinpoints it within both the public and private spheres, which strengthens the diffuse nature of the concept and the complexity of its study. III. THE TRADITIONAL OUTLOOK OF PUBLIC TOURISM LAW I shall start with Public Law, which has been more broadly accepted among academics studying the regulation of tourism 5 . They contend that legal regulations of the Roman-Germanic-Canonical tradition contain a special administrative law 6 dealing with the administrative organization of tourism. For instance, administrative actions of the police forces, the promotion of tourism, the legal regulations of private corporations and tourism activities, the regulations aimed at residents and visitors who are gaining knowledge and developing respect for the various social and cultural aspects of a country, and, in general, the public administration for the purpose of tourism activities 7 . Despite the above, within this discussion, we find that the same administrative line 8 contends that there is no administrative tourism law.Thus, the consideration that there is or there could be a special legal category that would act differently or oppose the prevailing administrative theory 9 , does not emerge. It has been stated that, since there is a prior and general legal norm, this leads to the existence of a specific branch that can be denominated Administrative 5 In this sense, since the seventies it has been contended “Well, as tourism relations are increased, administrative action on tourism is empowered.” “…ordering tourism activity, it will now become an administralization process of the touristic phenomenon, that’s yet to reach a major degree of intensity.” (Fernández, 1974) 6 In that discussion on tourism administrative law, several Spanish authors, among them (Pérez, 2004), stated that from the point of view of Public Law, and more specifically of Administrative Law, there is a sense, primarily expressed by the Spanish doctrine expounded by Martín Mateo, Martín Retortillo, Pérez Moreno, Villar Palasí, Calonge Velásquez or Blanquer Criado, which, while not denying the growing “administralization” of tourism, nor its importance, nor every kind of legal consequences they might entail, the so called ‘Tourism Administrative Law is no more than a portion, of growing importance, of Special Administrative Law, utilizing the techniques inherent to juridical ordering – general administrative ones. 7 Apparently this was the first jurist to offer an overview of tourism administrative law and contends that there is a specific branch for it within general administrative law. For more clarity, see (Fernández Álvarez, 1974) 8 The scope of administrative law in the field of tourism is derived from the contentions of Professor PÉREZ (1978) when he says, “But let no one believe that the above can be a reason for pessimism. On the contrary, it should motivate and stimulate the heightened use of all techniques of administrative law aimed at building a pondered regulation of the touristic phenomenon, settings its sights not only on restricting the activities of corporations, of citizens, and tourists themselves, but also on creating and defending a vast, safe and stable range of possibilities for private initiatives and submit, in turn, to the Administration, in all its spheres, the contents of said norms and regulations”. 9 See Domínguez-Berrueta de Juan, 2004.