International Journal of Tourism, Travel and Hospitality Law 2023

A new Administrative Law for a new Tourism: now or never Alejandro Corral Sastre1 1. Introduction. Tourism issues before the pandemic. 2.1. Exponential growth. 2.2. Overcrowding and congestion: a breeding ground for “tourism”. 2.3. Gentrification and “touristification” of cities 3. Can we build a new tourism model from an exceptional tourism “zero”: an analysis from an ius administrativist perspective? 3.1. The health crisis: zero tourism 3.2. Tourism as the main industry affected: The change in the tourism model. 3.3. The role to be played by public administrations in changing the tourism business model. 3.4. Legal-administrative instruments for the implementation of the change of the tourism model. 3.5. Smart tourism as a solution to the problem of sustainability. Also in the health sector. 3.5.2. The use of information and knowledge technologies to digital tourism. 3.5.3. Digital tourism from the perspective of public administrations. An unfinished business. 3.5.4. Smart tourism: science fiction or inescapable reality? The necessity for structural change. 3.5.5. Proposal on the different tools that can be used by administrations for the intelligent control of the tourist offer. 3.5.5.a. Gathering information: Internet of things and smart cities as a preliminary step. 3.5.5.b. Massive data processing or Big data. 3.5.3.c. Smart tourism in the context of smart administrations 3.6. – Brief reference to the challenges of smart tourism: the necessary protection of fundamental rights. 4. Conclusion. The need for a new tourism law is highlighted by the new challenges that have to be faced: gentrification, overtourism, sustainability and scarce resources, tourismphobia, in short, a whole series of circumstances that reduce quality in a broad sense. As a consequence of the great tourism debacle resulting from the pandemic, the public authorities have developed policies aimed at increasing the number of tourists, 1 DOI https://doi.org/10.60559/ijtthl2023-002 Professor of Administrative Law. University CEU-San Pablo of Madrid. This work has been carried out within the framework of Project PID2020-120373RB-I00 on Digital Identity, Fundamental Rights and Neurorights, Ministry of Science and Innovation. State Plan for Scientific and Technical Research and Innovation. Spanish Government.

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