International Journal of Tourism, Travel and Hospitality Law 2023

On Tourism Law Quest for general principles Vincenzo Franceschelli Are there general principles in (and on) Tourism Law? In a previous (short) article, I tried to define Tourism Law (1). In this (short) contribution, I am starting a Quest for general principles. This short paper is structured in some (personal) statements; statements that determine some open questions connected with our Quest. Questions that may arouse curiosity and the search for answers among scholars that are interested in Tourist and Tourism Law. 1 First of all, in our Quest, we have to fix a temporary limit or frame. In my opinion, we can’t talk about Tourism Law until after the rise of “mass tourism “after the Second World War. It is in this season that, what will become Tourism Law, starts collecting the faint traces of the past, recreates them and develops them. Therefore, the search for general principles should be limited to the evolution of Tourism and Tourism Law in the last decades, up to the XX century. It is useless to search general principles in previous Era, if not for the search of historical roots. (And it is banal – or if you prefer, undisputed – to state that Tourism and Tourism Law are connected). 2 Second, we have to distinguish travel from tourism. It is obvious that all tourist are travelers, but not all the travelers are tourist. I know that this distinction is not followed by our American and Canadian friends. Probably because Americans are nomadic people (Canadians a little less), as, on the contrary, we Europeans are settled people who travel only if we have to or because it pleases us to do so. 1 On Tourism Law. in AA.VV., Derecho del Turismo en las Américas, Coord. Carlos Torres. Ed. ESHTE, Estoril (Portugal), 2021, pag. 67.