INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW However, in some cases, the Code of Conduct may be mandatory. In this sense, Resolution 3035 (XXVII) of the United Nations General Assembly supports this possibility: "Ce sera possible l'élaboration d'une convention ou um autre instrument multilateral ayant force obligatoire relatif à um code de conduite des conférences maritimes" (DECAUX, 1983). Bearing in mind that the World Code of Ethics for Tourism was based on a number of international legislative treaties, as well as other mandatory and nonmandatory instruments, it was clear that the UNWTO intended to establish a Soft Norm (non-restrictive rules, containing vague expressions and imprecise concepts with voluntary implementation) in order to trigger a process of regulation in the sector, as well as to guarantee the protection of the future of tourism and contribute to economic prosperity, peace and understanding between all nations (BADARÓ, 2012). It should be emphasized that a norm is not classified as Soft merely because of its imprecise language or the name it receives, but rather because of the practice of states and other international actors in relation to that norm. Therefore, like the Codex Alimentarius, which was a secondary standard and became an important mandatory standard for international economic law due to its appreciation by the World Trade Organization (see the European Union vs. USA panel - WT/DS26R and WT/DS/48 - import of beef containing hormones), in the last decade, the World Code of Ethics for Tourism has been highly valued by UNWTO member states and by the various non-state actors operating in the tourism sector, and has been widely used by the dispute settlement body of the World Trade Organization (WTO) to justify the liberalization of tourism services. (BADARÓ, 2012). The WTO's choice of a code of conduct, therefore, was due to the fact that it was easier to approve standards for a sector that is constantly changing and whose scientific validity is under discussion. In addition, the UNWTO sought greater bureaucratic flexibility in Soft Norm to study the best ways of implementing the principles contained in the codex of tourism ethics (BADARÓ, 2012). On the other hand, by opting for a code of conduct, the UNWTO has made it possible for non-state actors to take part, bearing in mind that tourism is an activity that is strongly driven by the private sector. Thus, the the previous Code, which reinforces both the thesis of a "cascading normative spiral in international normative production" and the fact that the Code has become a "central instrument in the governance of radioactive waste" which, in the words of the International Atomic Energy Agency itself, reflects "a genuine consensus" as well as an efficient mechanism "for State regulation even though they are not binding" (GUERRA, 2023, p. 220-222).
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