Volume 03 Issue 01-2023
51
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
51-56
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The research paper analyses the genesis in development of tourism legislation in the world. The author focuses on the
last tendencies in tourism law by outlining the vital international norms in this sphere. The research paper also provides
recommendations on the implementation of international norms in the sphere of tourism.
KEYWORDS
Code, Convention, development, legislation, tourism.
INTRODUCTION
Tourism may develop only in peaceful and stabilized
country. Accordingly, in order to evaluate this sector, it
should be formulated a strong legal basis. Manila
Declaration pronounced that, in the universal efforts to
establish a new international economic order, tourism
can play a positive role in furthering equilibrium,
cooperation, mutual understanding and solidarity
among all countries provided appropriate conditions.
In this paper the main aspects of tourism legislation will
be analyzed by classifying the important international
documents in the sphere of tourism.
Tourism system according to Leiper (1990) is defined
to be as “A framework that identifies tourism as being
made up of a number of components, often taken to
include the tourist, the tourist generating region, the
transit route region, the tourist destination and the
tourism industry”. Thus tourism laws need to cover all
the aspects which makes up the tourism industry.
Research Article
THE THEORETICAL-ANALYTICAL ASPECTS OF THE EVOLUTION OF
TOURISM LEGISLATION
Submission Date:
January 20, 2023,
Accepted Date:
January 25, 2023,
Published Date:
January 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue01-10
Surayyo Usmanova
Phd, Associate Professor University Of World Economy And Diplomacy Imc University Of Applied Sciences
Krems Tashkent Jean Monnet Centre Of Excellence For European Studies, World Trade Organization Chairs
Member, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 01-2023
52
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
01
Pages:
51-56
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Tourism Regulations basically refer to controlling
activities through formalized processes.
International-legal norms as the basis and sources of
international law, set main directions of international
relations and cooperation process in the field of
tourism, and simultaneously differ from another
sources with its “Soft law” cha
racter. The norms
included in this institution ensure more effective
cooperation of states in the sphere of tourism and
strengthen mutual interest in their development of
participants in tourism exchange. In the process of
analyzing the international-legal norms, it is possible to
trace an evolution and development of substantive
legal provisions. In this regard, many norms of
international law in the sphere of tourism are adopted
at specially convened international conferences and
meetings on tourism. The most significant of them are:
-
1954 In New York, a UN conference was held, which
adopted the Convention on customs facilities for
tourists;
-
1963 The UN Conference in Rome adopted the
“General Resolution on the Development of
Tourism”.
This
resolution
facili
tated
the
simplification of formalities established by
governments concerning to international tourism;
-
1969. In Sofia, the UN International Conference
was held, at which a resolution was adopted on the
formation of an intergovernmental organization
for tourism (later UNWTO);
-
1980. The World Tourism Conference was held in
the Philippines. The result of the work was the
“Manila Declaration on World Tourism”.
This Declaration on world tourism, designated a role
and place of tourism in a modern society. In this
document, in particular, it is said that “tourism is
understood as activity, mattering very much in life of
people by virtue of its direct affecting social, cultural,
educational and economic spheres of life of the states
and their international relation
s ”.
- 1982, in Mexico the World conference took
place on tourism at WTO, during that “Document of
Acapulco” was ratified, fastening conception of
further collaboration in the sphere of international
tourism
and
setting
basic
directions
of
intergovernmental collaboration in this sphere.
Document of Acapulco (1982), confirms principles of
Manila Declaration and besides, adds to them
followings:
•
to provide the right for citizens on rest, leisure,
pay vacation and on creation of statutory
provisions for the facilitation of access to
vacation of all layers of population;
•
to render assistance to tourism by all mass
medias;
•
to plug of tourism in the program of education;
•
to produce informative materials about
tourism and others.
The Hague declaration on tourism (1989) proclaimed 10
principles, which are based on tourism relations. Not all
principles of The Hague Declaration have legal
character. Except the principles, set forth in the
documents accepted before, in The Hague Declaration
specified principles of safety and defense of tourists,
and also the principle of respect of their dignity; it was
also underlined that, tourism must be planned by state
authorities and required making of single national
tourism politics;
1995, in Sweden the 1st
International Conference passed on safety of tourism
and reduction of risks at trips, making of mutually
accepted and concerted variants of decision of
problems in this sphere (in particular, informative
Volume 03 Issue 01-2023
53
International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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Pages:
51-56
SJIF
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705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
exchange between the states) became the result of
that.) .
On VI of session of General Assembly of UNWTO,1985,
The “Code of tourist” was approved in Sofia and
became component part of the “Charter of tourism”.
This document fastened basic tasks standing before
the states in the field of tourism, and also basic rights
and duties of tourists in the observance of that must
assist the mutual understanding between people.
General concepts and terminology of tourism,
principles of statistics, norm and recommendation for
forming of national legislation, system of preferential
for tourists, creation of the system of tourist education
are worked out in Charter. So, ordered the states to
bring over tourism politics in accordance with the
politics of general development, conducted on
different levels, such as local, regional, national and
international; and to extend a collaboration in the area
of tourism both on bilateral and on multilateral basis.
Furthermore, to base on principles of Manila
Declaration on world tourism and Document of
Acapulco on development and realization of the
politics, plans and programs in the field of tourism in
accordance with the national priorities, to protect
interests a present and future generations of a tourism
environment, that plug in itself a man, nature, public
relations and culture, and also to assist to informing
tourists with the purpose of creating conditions for
understanding of customs of local population in the
places of transit and temporary arrival. The “Code of
tourist” is the special division of Charter, sanctified to
the rights and duties of tourist. According to this Code,
tourists have a right on objective and exhaustive
information about the terms and possibilities, given
during their trip and temporary arrival.
As one of the last tendencies of legal framework and
collaboration on tourism, it should be noted on the
UNWTO Framework Convention on Tourism Ethics
from September 19, 2017 approved by majority of the
member states of the World Tourism Organization. The
Convention, approved at the 22nd UNWTO General
Assembly transforms the Code of Ethics for tourism
into an international convention. This Convention
gives more imperative impulse on main principals and
issues of touristic activity. Namely, according to this
across- the board document, important universal
definitions in the field of tourism are given,
simultaneously
convention
emphasized
responsibilities
of
stakeholders
in
tourism
development (Article 9), right to tourism and liberty of
tourist movements (10-11), rights of employees and
professionals in the tourism sector. Besides, the
Convention establishes the World Committee on
Tourism Ethics, which is a subsidiary organ of the
UNWTO General Assembly, and notwithstanding the
functions performed in relation to the Global Code of
Ethics for Tourism, it shall be responsible for
monitoring the implementation of the provisions of
this Convention and carrying out any other tasks (as
dispute settlement concerning the implementation
and the usage of Convention is mentioned in the
Optional Protocol) entrusted to it by the Conference of
States Parties (the plenary div of this Convention
composed of representatives of all States Parties).
Moreover, the Ex- Secretary-General Taleb Rifai said
that, the approval of the Convention is a strong legacy
of the International Year of Sustainable Tourism
Development (2017) .
Here, we could add the next draft Convention in this
sphere, which is called as, UNWTO Convention on the
protection of tourists and the rights and obligations of
tourism service providers, is a project and which is
going to be discussed between the state members of
UNWTO . In particular, the document provides clear
definitions of the fundamental concepts of the tourism
Volume 03 Issue 01-2023
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VOLUME
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OCLC
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Publisher:
Oscar Publishing Services
Servi
industry, the rights of workers and entrepreneurs in
the tourism industries, respect for national legislation,
the benefits of the host countries, the responsibilities
of all participants in the tourism process, the
environmental aspects of tourism, and the conciliatory
mechanism for resolving disputes under this
Convention . In compliance to this Convention, tourists
and providers of tourist services get right and duties,
coming from the international standards of human
rights. Also, with signing of this convention the parties
are obligated joining minimum one the Appendix to the
Convention, that consist of help in emergencies,
package trip and residence, providing the proper terms
to the foreign tourists under different circumstances.
The terms set in Convention are considered liberal in
regards to Convention on contract for a trip (1970).
This legal act is the first international document of
obligatory character in the sphere of rights for tourists
and providers.
The law will be realized in practice not as an
unchanging conglomerate of legal norms, but as
associate, general progressing of legal binding overs,
derivatives from the real vital processes. Therefore, the
normative part of tourism will also always change and
it is necessary constantly to watch after these changes.
Moreover, tourism is only mentioned as one of the part
of the GATS in the WTO or as defining the UNWTO in
the disciplines of international economy law. Such as,
“it refers to the services supplied in the territory of one
member to the service consumer of any other member.
This mode of supply is typical of certain services
industries, such as tourism or, in some countries,
health care…etc. ”.
In order to specifically regulate the sphere of tourism
under the GATS, it was elaborated twice Annexes on
tourism by developing and developed countries in 1999
and 2001. These documents include eight sections and
a list of services in the sphere. As an institutional div-
it was suggested
–
the Council for trade in services.
However, developing countries rejected this Draft
linking the non-consideration of their interests.
Moreover, the existence of regional integrations on
free trade of services was a barrier to sign this Annex .
The Chairman of the World Committee on Tourism
Ethics (WCTE), Pascal Lamy emphasized that:
“In an
interconnected world, where the business volume of
tourism equals or even surpasses that of oil exports,
food products or automobiles, it is important to set out
a legal framework to ensure that growth is dealt with
responsibility and that it can be sustained over time.
Tourism is a power that must be harnessed for the
benefit of all” .This benefit should be regulated by the
government.
At present one of the important issues in tourism
development is to overcome and prevent its negative
results
on societies’ and governments’ social,
economic and environmental life.
The important document after the Covid-19 is the
“International Code for the Protection of Tourists”. In
this document the guarantee of the rights and
freedoms of tourists in the implementation of digital
tourist services, which have increased the importance
after the COVID-19 pandemic, and the reflection of
these guarantees in separate principles (Section III of
the Code) have been included. The International Code
for the Protection of Tourists (ICPT) provides a set of
minimum international standards for the protection of
tourists in emergency situations and consumer rights
of tourists in the post COVID-19 scenario. It draws from
the work produced by the Organization and has been
adjusted to adapt to the particular circumstances
created by the COVID-19 pandemic, with a view to
Volume 03 Issue 01-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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Pages:
51-56
SJIF
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(2021:
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OCLC
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Publisher:
Oscar Publishing Services
Servi
ensuring a coordinated approach to the assistance of
international tourists during emergency situations .
Furthermore, after analysing this document it should
be noted that implementation of this document will
provide the followings:
-
In the process of the rapid development of
tourism this Code ensures that disputes arising
in the field of tourism are regulated using
alternative methods of solving them on the
basis of principles based on International Law
(Section IV of the code);
-
Serves to further strengthen the cooperation
of states in the introduction of international
legal standards to protect natural and cultural
heritage from the negative effects of tourism,
as well as to prevent other negative
consequences that may arise as a result of
tourism development;
-
Also, the fact that the mechanism of full
accession
and
introduction
to
the
“International Code of Tourist Protection” is
structured in a simplified manner, that the
norms in it are aimed at the development of
the tourism sector in the countries, and that
the membership fee is not paid increases the
practical importance of the document.
Undoubtedly, tourism has an international vocation,
which influences it and, in turn, is influenced by it, and
the international Conventions mentioned above
demonstrate this. The UNWTO, for instance, proves
this in the activities made since 1970, collecting and
processed data, as well as coordinating tourism
policies. In a certain sense, with its activity, it has given
impetus to a soft law, which influenced the legislation
of single States .
CONCLUSION
In conclusion, it is noted that, existence of multilateral
legal acts in the analyzed sphere differ in subject, and
focus on the settlement of different relations in the
field of tourism - cultural, social, ecological, economic
and other. Thus, the distinguishing feature of this
collaboration is considered to possess a presence of
large enough variety of agreements, resolutions of
international organizations and another acts, which
regulate certain relations of tourism or indirect issues
which are connected with tourism. The above analyzed
international norms play a vital role in development the
cooperation in the sphere of tourism, therefore it is
recommended to ratify for states.
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1.
See: Manila Declaration on World Tourism,
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S.
(2019)
“Implementation
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of
Uzbekistan
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sustainable
tourism
Volume 03 Issue 01-2023
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International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
03
I
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01
Pages:
51-56
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
de
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038_On_Tourism_Law
