Sustainable Tourism Law

484 SUSTAINABLE TOURISM LAW V. THE PRINCIPLES OF TOURISM LAW After having briefly explained the concept of tourism law, it is now necessary to focus on the principles of tourism law, briefly outlining the subject of the principles of tourism law. These are not complete. On the contrary, this is a proposal to cultivate this field of law and initiate an intellectual discussion on Sustainable 16 Tourism Law. Speaking from this perspective, it’s necessary to abandon old practices of understanding the law. That is, society has remained behind the law in many ways. Current laws do not respond to social problems, especially if they are global 17 and much more so if those problems come from a sustainable perspective. Following this promise, we will develop the following: the principles of tourism law as the basis of Sustainable Tourism. If understanding the laws of tourism is already a problem, it’s even trickier understanding the laws of sustainable tourism, I insist, when approached from a traditional perspective of the law 18 . Which means, common law and civil law 19 . The internationalization of the economy and the growth in trade allow us to see the complexity of our society and the difficulty of the law to regulate new commercial relationships. Some points to illustrate the difficulties to regulate tourist activities are as follows: Accommodation, think about AirBnB 20 , as in a company that provides 16 In the sense of the elements raised and discussed by Library, 2017. 17 “... in the same way that the 19th century contemplated the birth of constitutional, financial and labor law, in the 20th century they saw environmental, sanitary, computer law, etc., the 20th century will be the century of this novum ius humanitatis, by way of ordo pacis inter omnes gentes totius orbis. This right will require an authentic reconstruction of juridical science, of similar but very different occurrence, to that which took place in theWest at the end of the 18th century, when the French and North American revolutions provoked the fall of the Ancient Regime. “(Rafael Domingo, 2006) 18 “Now, freed from such lenses, when the stubborn reality overflows the narrow channels of theoretical predictions, we are still unable to recognize the country. We keep the same notions of the same discussions and the same language that we used to society from the classical postulates” (Rafael Domingo, 2006). 19 Thus, for example, during a period between the United States and the EU, it was expressly warned of the communication problems generated for the parties by the mutual confusion of two apparently analogous concepts: that of active legitimation, characteristic of civil law, and the one of the standing, inherent to the orbit of the common law. In another case, the body of apology used as an argument, for the application of the procedural principle, which claims to prove, that this aphorism was common to the jurisprudential practice of common law and the Roman tradition (Rafael Domingo, 2006). 20 As of June 1, 2017, Mexico City became the first region in Latin America to regulate Airbnb services, charging a 3% lodging tax on the services offered by the company. The capital authorities said that this agreement is also a response to the requirement made by hoteliers that the government will not tolerate an informal activity, without any regulation. Although the measure was described as “positive” by the Hotel Association of Mexico City, the same organization said that it is not yet “sufficient”. According to the Mexican Association of Hotels and Motels, in addition to the 3% lodging tax, guild members throughout the country must also pay the Value Added Tax (VAT), of 16%, and the Income Tax (ISR), of 35 percent, together with other expenses of procedures.