Tourexpi
The first seminar on the International Code for the
Protection of Tourists (Salamanca, Spain, 30 November – 1 December 2023)
welcomed legal experts, academics and public and private sector
representatives, to address the achievements of the Code in the two years since
its launch as well as to assess the challenges in the years ahead.
A landmark International Code for Tourists
The pandemic highlighted the urgent need for a
consistent legal framework for assisting tourists. Even during the biggest
crisis in the history of tourism, UNWTO created the landmark legal
instrument in record time, following consultation with more than 100 countries
including both Member States and non-Members, and from across the private
sector. Approved at the 24th UNWTO General Assembly in 2021in just two years,
it has been recognized as a key means of restoring confidence in travel and
interest in the Code. To date, 22 countries have agreed to adhere to it.
The inaugural legal seminar, organized by
UNWTO alongside the University of Salamanca and Paris 1 Panthéon-Sorbonne
University, provided a platform for to delve more deeply into the principles
and recommendations for assisting international tourists.
Tourism and international law
Over two days, leading experts contributed their
insights and inputs during a series of multilateral panel discussions. The
panels focused on several of the key challenges, with a focus on supporting the
recognition of Tourism Law as an independent branch of the legal system.
Highlights included:
A focus on Tourism Law as a branch of international
law, with contributions from leading experts from United Nations Educational,
Scientific and Cultural Organization (UNESCO), the International Maritime
Organization (IMO), the United Nations Office of Legal Affairs, the
Interamerican Development Bank and the Office of International Standards and
Legal Affairs.
The creation of a PhD programme on Tourism Law with
the Universities of Salamanca and Paris 1 Panthéon-Sorbonne University, to
support advanced studies and education in this specific branch of the legal
system.
As assessment of the Code's potential role in
crisis management, drawing on the lessons of the pandemic and counting on the
expert insights of leading academics.
An exploration of what the minimum standard of
protection for tourists could be, as well as discussions on contractual issues
relating to delivering assistance in emergency situations, and recommendations
for best practice around protection of tourists in the context of digital
services, emergency prevention as well as assistance and repatriation.
Best practices and opportunities
As well as addressing the key challenges standing
in the way of Tourism Law being better defined and integrated into wider
national and international legal systems, the Seminar also highlighted the
opportunities available through adherence to the Code. This was backed up by
presentations of case studies of best practice, including the case of Uruguay,
champion of the International Code for the Protection of Tourists, and the
efforts made to apply the Code at the national level through the development of
specific legislation.
Expert panelists set out the case for "when
crisis becomes an opportunity", making clear that the Code can help
balance responsibilities between countries, businesses and tourists themselves
in emergency situations.
Participants were presented with the work of the
Tourism Law Observatory for Latin America and the Caribbean, jointly created by
UNWTO and IDB, as well as from representatives of countries already adhering to
the Code, including Costa Rica, Ecuador and Uruguay.
The first Observatory on Tourism Law for Latin
American and the Caribbean is a digital tool at the service of UNWTO Members
that will compile all legislation affecting the tourism activity enacted by
countries of the Latin America and Caribbean Region. Supported by a network of
academic collaborators, the Observatory will serve as a tool for comparability,
will issue recommendations and publications on Tourism Law and will support
UNWTO Member States in the development of legislation affecting tourism.
Image
Credit: © UNWTO
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