Sustainable Tourism Law

FROM TOURISM TO SUSTAINABLE TOURISM 89 XI. THE EXPANSION OF TOURISM AND NEW FORMS OF TOURISM ACTIVITIES Tourism, Unsustainable Tourism, ecology and the protection of the environment The problem of the (negative) impact of Tourism on the ecosystem, and therefore on the environment, derives, of course, from the increase of mass tourism. Landscape must be protected and therefore valorized 117 . A new ethical approach is developing 118 . And there are some perplexities when conjugating Sustainable Development with Sustainable Tourism 119 . The subjects of “unsustainable” tourism are, of course, two: the tourists themselves and the Governments (States, local administrations) that, to increase tourism, attack the natural beauty of the environment 120 . The convergence of these two (negative) elements has, in the long run, disastrous effects 121 , not being sufficiently compensated by the economic development of the area. It is therefore logical that a positive action for a sustainable tourism must be directed to tourists 122 and to the governments. 117 In Italian see Lorenzo CASINI, La valorizzazione del paesaggio , in Rivista Trimestrale di Diritto Pubblico , 2014, pag. 385, fasc. 2 118 In Italian see Carla GULOTTA, Etica e globalizzazione: riflessioni sui principi OCSE del 2011 per le imprese multinazionali e sui principi ONU in tema di affari e diritti umani, in Diritto del commercio internazionale , 2012, pag. 539, fasc. 3 119 See, for example Richard SHARPLEY, Tourism and Sustainable Development: Exploring the Theoretical Divide , in Journal of Sustainable Tourism , Vol. 8, 2000. 120 Several examples are given in AA. VV., Sustainable Tourism and Law , Michaël FAURE, Ni Ketut Supasti DHARMAWAN, I Made Budi ARSIKA, Editors, Eleven Int. Publishing, ISBN 978-94-6094-860-2 (E-book) 2014, page 327: “a danger of tourists not respecting the local culture and of tourism development endangering indigenous rights; tourism development could completely change the nature of the environment in a developing country; even though there are many regulations that aim to limit the construction of hotels and restaurants, keeping them within specific zones and spatial limits, those rules are often violated, posing a threat to the local environment; the potential for tourism to endanger the rights of indigenous people, but also of local culture; In certain cases, tourism even leads to outright criminality”. 121 One example for all, related to Goa, in Angela WILLIAMS, Reconciling Tourism and the Environment: A Task for International Environmental Law? In Vermont Journal of Environmental Law , Vol. 9, No. 1 2007, page 24: “:The marine environment suffered a substantial loss of mangroves due to land reclamation for development, which resulted in erosion and exposing coastal banks to storm surges. Overfishing and inappropriate catch methods led to a steady decrease in fish stocks and diversity, while “land reclamations, the extraction of sand, [and] the construction of jetties” in areas of tourism development aggravated coastal erosion. Moreover, recreation facilities and activities have contributed to overall environmental degradation: swimming pools and golf courses monopolize vital local water supplies; motor boats damage and pollute shallow coastal waters; beach accommodation frequently lacks sufficient sewage facilities or refuse collection, which, together with beach litter, results in further pollution of costal waters”. 122 But what can be done to educate tourists?

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