International Journal of Tourism, Travel and Hospitality Law 2023

ON TOURISM LAW 9 Ninth. The fact that Tourism and the Tourism Industry are indissolubly connected (we had proof of this after the pandemic), determines as a necessary consequence that Tourism Law must be interpreted according to the principle of Sustainability. This is something new because tourism was traditionally regarded as a green industry (and this is no longer true today). But here again, in my opinion, Sustainability and Sustainable Tourism do not overlap. We refer to Sustainable Tourism for Development. Development is the key. 10 Tenth. The importance of the Tourism Industry in Tourism (and therefore in Tourism Law) determines an indissoluble bond with Public and Administrative Law. And this brings us back to points 3 and 4. 11 Eleventh. Going specific, and as an example: May we refer to a Tourism Contract Law? (Contract Law is the heart of human relations and of Civil Law). In Europe, as a result of the Package Travel Directive, we may give a positive answer. Yes, I believe there is a European Tourism Contract Law. But the positive answer opens the topic of the causa (consideration, for our Common Law friends). In my personal opinion, we can refer to a causa turismi. Causa turismi (a neologism that I invented some time ago) distinguish a tourism contract from the travel contract. And this brings us back to question 2. 12 Twelfth. Finally, it is my opinion that, in its recent evolution, Tourism Law has shown its expansive force. Principles elaborated in relation with tourist legal relationships are expanding in other sector of the Law and in legal regulation. And this (the expansive force of Tourism Law) is another sign (or indication, if you prefer) that our Quest is worthy. * * * This (enjoyable) exercise brings to my memory other illustrious precedents. It has been a time, in the History of Law, when other branches of the Law interrogated themselves on their identity, their autonomy and on their general principles.

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