On Tourism Law - Quest for general principles by Vincenzo Franceschelli

was regarded traditionally as a green industry (and this is no more 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 Tourism Industry in Tourism (and therefore in Tourism Law) determines an indissoluble bond with Public and Administrative Law. And this bring us back to point 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 relation, 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 tourism contract from travel contract. And this bring 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 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. At the beginning of time, Ius (Ars boni et aequi) was conferred taking into account only one large partition: in utroque iure. Over the centuries, various branches of law have sought and found their individuality. From Commercial Law to, most recently, to Comparative Law. If you search in dusty Law Review of the past, you will find a large number of articles that contained cultured disquisition on the autonomy of Commercial Law or on the methods and goals of Comparative Law. Today you will find none.

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