INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 3 Third. If we do not distinguish tourists from travelers, Tourism Law will be absorbed by Transport Law (that has a most ancient tradition). In other words, Tourism Law will be considered a (minor) branch of Transport Law, and Transport Law is mainly based on public Law. And this brings us to point 5. 4 Fourth (as a subsection of points 2 and 3), there is “something” that distinguishes a traveller from a tourist. This “something” is the core of our Quest. This (fundamental) distinction, as a matter of fact, determines a different interpretation of the principles of interpretation of Contract Law and of Tort Law as applied to Tourists (and Tourism Law). 5 Fifth, I am persuaded (and I may be wrong) that Tourism Law is inevitably a multidisciplinary discipline. This means that the (as per now “mythical”) general principles are influenced by Private, Public and Administrative Law. And I am also convinced that Private Law (Civil Law, as we say in the Continent and in Latin America) has developed an increasing relevance in Tourism Law. 6 Sixth, I firmly believe that Tourism Law, in its national approach, has been connected, and it is connected, with the principle of territoriality (that is typical of legal regulation). But I am also convinced that Tourism Law, as Tourism, has an international vocation. This means that Tourism Law is influenced by International Conventions, by the UNWTO soft law and, as far as we Europeans are concerned, by European Union Law. 7 Seventh, Tourists are consumer. This means that Tourism Law is influenced by, and influences, Consumer Law. But… Consumer Law and Tourist Consumer Law (we may call it with this new name) have extensive overlapping area, but they do not coincide. This difference will be one object of our Quest. 8 Eighth. There is no Tourism without a prosperous Tourism Industry. This create a difficult connection (“marriage”, we could say) between the protection of the tourist and the (economic) interest of various worlds that gravitates in the (unclear, evanescent and constantly evolving) definition of Tourism Industry. This means that one of our future tasks will include the search for a clear definition of Tourism Industry.
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