International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER context of environmental and social sustainability. From the social point of view, sustainability is about creating an enabling environment not only for tourists, but also for residents. Investing in adequate infrastructure and public services that benefit all citizens, regardless of whether they are tourists or not. This achieves two objectives: first, that the resident is comfortable with the tourism industry and sees the tourist as a consumer or citizen. Secondly, that the visitor’s tourist experience is highly satisfactory and that he or she does not perceive discomfort in those who receive him or her. In this sense, Title II of Law 15/2018, of 7 June, on tourism, leisure and hospitality of the Valencian Community, which emphasises the principle of hospitality and balance between tourists and local residents, is particularly interesting. This basic principle of tourism policies is essential to achieve social sustainability, avoiding problems that can lead to a feeling of unease from the resident towards the visitor. 3. – CAN WE BUILD A NEW TOURISM MODEL FROM AN EXCEPTIONAL TOURISM “ZERO”: AN ANALYSIS FROM AN IUSADMINISTRATIVIST PERSPECTIVE? 3.1. – The health crisis: zero tourism In March 2020 we witnessed, perplexed, the declaration of a State of Alarm by the Spanish Government as a consequence of a pandemic declared by the World Health Organisation17.. It was not the first time. The previous State of Alarm was decreed precisely to avoid a tourist crisis resulting from the strike called by the air traffic controllers’ union in December 201018. But the 2020 State of Alarm was for a completely different reason. A highly contagious respiratory virus forced all countries to take unprecedented decisions: closing their borders. The only way to stop the spread of the disease was to prevent people from moving. The movement of all citizens was therefore restricted, except for essential reasons. Logically, this drastically affected the 17 As a general reflection, it is true that on the occasion of this pandemic we should, in my opinion, reflect on the increasingly important international challenges for the law. Perhaps it would be a good idea to give greater powers to international organisations or institutions such as the World Health Organisation or the World Tourism Organisation. 18 On the impact of the air traffic controllers’ strike on tourism consumers see, RACIONERO VALENCIA, S., “El derecho de huelga de los controladores aéreos frente al derecho de los consumidores turísticos” in I Jornadas Doctorales de Castilla-La Mancha el doctorado: impacto social y futuro profesional, coordinated by COLLADO YURRITA, M. A., (coord.), (2011) y HERNÁNDEZ ADROVER J. J., (coord.), Universidad de Castilla- La Mancha,

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