International Journal of Tourism, Travel and Hospitality Law 2023

A NEW ADMINISTRATIVE LAW FOR A NEW TOURISM: NOW OR NEVER hospitals or the degree of immunisation of the population achieved through vaccines or the contagions themselves. The point is that tourism, which is based, as I say, at least for the moment, on experiences outside the place of habitual residence22, has been radically affected by the situation, drastically reducing its activity to the point of what we have already called “zero tourism”. Now is the time, from the bottom of the well, to raise our heads and look around, to analyse whether the situation prior to the pandemic, with an uncontrolled growth in supply and demand and the consequent problems generated, was the one that governments want and society demands. We need to take a medium- to long-term perspective, and not focus on the quick profit and forget about other legal assets that also require protection by the law23. It is time, I think, to make a 180.º turn, to change the model or “rethink 22 In the following sections, I will focus on this idea, i.e. how information and knowledge technologies can provide us with experiences similar to those obtained by tourist consumers without the need to move from our own place of residence. Through, for example, virtual reality instruments or artificial intelligence systems. It remains to be determined, but this cannot be the subject of this paper, whether this will really be considered tourism or other types of information society services. In international conference ESHTE | INATEL on October 16th, 17th and 18th. 2022 a very interesting presentation on Metaverse and tourism was given, which I am looking forward to reading in full (Claudia Madrid Martínez, Venezuela, Central University of Venezuela) 23 JARA SANTAMERA, M. A., “Turismo y economía circular. El necesario alineamiento entre oferta y demanda y una necesidad ambiental” (2019) In, In any case, Covid-19 should represent a driver and accelerator of the changes that were already necessary in the sector, and where the pandemic is consolidating a more sustainable tourism demand, with the necessary adaptation of the tourism offer to maintain and increase its competitiveness in the long term. In the same vein, on the importance of administrative intervention aimed at correcting the possible excesses of tourism, fostering the circular economy: FLORIDO C., JACOB M. y PAYERAS M., In “How to Carry out the Transition towards a More Circular Tourist Activity in the Hotel Sector. The Role of Innovation”, Administrative Sciences, 2019, 9, 47; doi:10.3390/admsci9020047, pág. 16: We can say that the transition model to a circular destination focuses on three main axis: The public administration and/or destination management organizations (DMOs), the tourism sector and the resident population. Each of them has a differentiated role in this transition, specifically: Role of the Public Administration and/or DMOs. • To design incentives to promote the implementation of CE measures in the tourism sector (i.e., Tax deductions for investment in CE measures/technologies). • To design laws and regulations that reduce the obstacles to the application of CE measures in tourism businesses. • To involve the tour operators in the design of a program of awareness and changes in tourist habits. […] Public administrations and DMOs, both locally and nationally, play a crucial role in the transition to a circular destination. Indeed, they face important planning challenges related to the protection of natural resources, water supply; the promotion of renewable energies, and the reduction of pollution, among others; and at the global level, the role of national tourism policies is decisive in facilitating the implementation of more circular practices. An example of a destination which has implemented a strategy to begin the transition towards a circular destination is the Balearic Islands where different lines of action have been implemented by the regional government and the hotel sector in order to achieve this goal in the near future, taking into account the resident population as well. In fact, they have considered the three-axis model described above, specifically: