8th Annual Conference of the EuroMed Academy of Business. 2358 TOURISM NORMS ‘Ververi, Maria; Maniatis, Antonios Navy Academy of Aspropyngos, Greece ABSTRACT This paper focuses on the norms of both social culture and law, ruling the phenomenon of tourism, mainly in its international version. It puts the stress on cultural tourism, that is defined as the movement of persons to cultural attractions away from their normal place of residence, ‘with the intention to gather new information and experiences to satisfy their cultural needs. It highlights the complex nature of tourism law, which is a non-autonomous complex branch of Jaw as well as_ the complementarity and the political identity of cultural and juridical norms on tourism. Keywords: Codification, Cooking, Cultural Tourism, French Law, French Cooking, International ‘Tourism, Norms, Tourism Law, Tourism Management INTRODUCTION: TOURISM NORMS, A MENU MADE OF CULTURE AND LAW Tourism is not just a phenomenon of recent times; It has been called the largest growth industry: since the end of World War I and it is a full-time industry, whose impact can be classified into the economic, environmental, social and cultural impact ‘Tourism is travel for leisure, recreational and business purposes, ‘The growth of technological developments in air-transport and the new economical ways of packaging, travel and accommodation brought prices down and rendered travel possible for a greater number of people. For most people, the word ‘tourism’ involves travelling, holidays and sightseeing. It would be interesting to take an approach to this complex phenomenon, by focusing on its rich ‘normative content. Indeed, political priorities and social concepts have led to the creation of law and culture on the matter. As a result, this paper aims at analyzing various norms of this social activity, that has been officially in the field of public policy independently of the eventual existence of a specialized ministry within the government, Not only does the paper focus on both juridical and cultural norms but it is also based on the comparative method of study and interpretation. This method fits in with the intemational dimension of tourism itself, as already implied. Although tourism is a unique phenomenon with many special forms, cultural tourism is going to be mainly analyzed, due to its mainstreaming, status for the entire research scope of this paper, let alone the fact that norms of social culture are intrinsically connected with cultural tourism, Innovation, Entrepreneurship and Sustainable Value Chain ISBN: 978-9963-711-37-6 in a Dynamic Environment8th Annual Conference of the EuroMed Academy of Business 2359 AN INTRODUCTION TO CULTURAL TOURISM EXEMPLIFIED BY COOKING Cultural tourism (or culture tourism) is the subset of tourism concemed with a country ot region’s culture, specifically the lifestyle of the people in those geographical areas, the history of those people, their art, architecture, religion(s), and other elements that helped shape their way of life (Hunt, 1991), It includes tourism in urban areas, particularly historic or large cities and their cultural facilities, such as museums, archaeological sites, art galleries and theatres. It can also include tourism in rural areas showcasing the traditions of indigenous cultural communities (ic. festivals, fairs, exhibitions, gastronomy, craft, rituals), and their values and lifestyle, as well as niches like industrial tourism and creative tourism. It is to point out that cooking may be a strong motivation to visit different places and countries. The gastronomic version of tourism has been explicitly institutionalized as a part of cultural tourism in the Specific Framework on Spatial Planning and Sustainable Development, in its both successive versions, in the Greek legal order. It is generally agreed that cultural tourists spend substantially more than standard tourists do. This form of tourism is also becoming generally more popular throughout the world, and a recent OECD report has highlighted the role that cultural tourism can play in regional development in different world regions. It has been defined as ‘the movement of persons to cultural atrations aay from ther normal place of residence, with the intention to gather new information and experiences to satisfy their cultural neds’ These cultural needs can include the solidification of one's own cultural identity, by observing the exotic “other”. The interchange of ideas, cultures and perceptions can do much to dispel ignorance and misunderstanding, The development of youth tourism in particular, will tend to generate long,-term advantages, not only in relation to repeat journeys, but in a wider understanding of cultural differences. IMPLICATIONS OF INTERNATIONAL TOURISM ON AUTOCHTHON NORMS International tourism has far-reaching political and economical implications. There is also a social impact on the receiving, areas of tourism which can have positive and negative effects. As a service industry, tourism has the capacity to create job opportunities for a large number of people. Moreover, tourist receipts and expenditures have an important effect on a country’s national economy. The foreign exchange which tourism brings in has a beneficial impact on the country’s prosperity and balance of payments. Therefore, governments and tourism developers should invest in tourism in the form not only of buildings or of improving the infrastructure but also of conservation and promotion of the historical and cultural heritage of their countries. Culture is a key factor to tourism since the traditions of the indigenous, their customs, their way of life and mentality are most of the times the only thing which tourists look for in a destination. People Innovation, Entrepreneurship and Sustainable Value Chain ISBN: 978-9963-711-37-6 ina Dynamic EnvironmentSth Annual Conference of the EuroMed Academy of Business 2360 should take care to ensure that their culture is properly preserved and cared, since the impact of tourism nit can be quite harmful. However, the negative effects of tourism on the indigenous culture of a nation can be minimized through intelligent planning for tourism development and through sensible management of tourists and tourist facilities The host population of a region has its own language, religion, values, rules and standards of behavior that should be respected by all visitors. Local communities must try to keep their identity. In certain destinations, mainly in those of the most underprivileged countries, the residents get to become servants of the tourists and this creates resentment between the local population and the visitors, Thus, tourism establishes the bases of a new form of colonialism, based on the foreign dependency (Doxey, 1975) It also can cause des-culturization of the local people who consider the culture of the tourists as superior. Of this form the indigenous cultures try to adapt to the customs of the visitors and they are possible to be ended up destroying the elements that at their moment represented greater the attractiveness for the tourists, Despite these difficulties, governments have ultimately to find a means of managing, if not completely eradicating these problems (World Tourism Organization, 1999). This is particularly the case ‘where tourism-related problems impact on the sociocultural values of the society or on the environment (Budowski, 1976). These wider concerns are the responsibility of government and it may be that government is the only agent able to introduce the required remedial actions. In this aspect, we all ought to respect the autochthon population, as individuals and as visitors, from our side while central and local governments should try to facilitate the contact between the travelers and the receiving population, to avoid formation of touristic ghettos and to promote plans so that the tourism benefits all the local people. Respect to the tourism is due to plan on global scale and to act of local way (Crompton, 1993). LAW IMPLICATIONS ON TOURISM MANAGEMENT Nowadays, hospitality managers ate required not only to understand the day to day operation of their enterprise but the legal aspect of hospitality and tourism management. The legal system is a main system that regulates almost each part of the society, including tourism and hospitality industry. When lone transacts with another, that person is essentially contracting with the other party. Law, in this sense, helps to safeguard the rights and obligations that these two contracting parties are entitled to. Without a properly functioning legal system, the society will flounder and people will be reluctant to enter into transactions with each other for fear of ending up with the shorter end of the stick. The tourism and hospitality industry is closely interlinked with the legal system. Business organizations, such as hotels, agencies and restaurants, rely on common law when dealing with each other. Law also comes into play ‘when businesses interact with customers through the provision of goods and services. Tourism laws Innovation, Entrepreneurship and Sustainable Value Chain ISBN: 978-9963-711-37-6 ina Dynamic Environment8th Annual Conference of the EuroMed Academy of Business 2361 have been made to enhance facility services, to bridge the gap between, regulate economic disputes, to promote goodwill understanding and preserve world peace. Taking into consideration all of the above notions we come to the conclusion that indigenous culture may be preserved through specific tourism legislation (Atherton, 1998), Governments and local authorities should make in this case, an enquiry that will aim to record and then to monitor the residents’ perceptions of the impacts of tourism (Brunt, 1999). Once these opinions have been collected, they can be tested for validity, as there are many factors which can influence a resident's view of tourism and its impact on a locality. To be of use to tourism planners, surveys of opinion have to be properly structured and stratified. As a continuing exercise, they can produce a stream of data, perhaps qualitative but nevertheless, important, as a means of trying to harmonize tourism development within a community. The basis for any management strategy is information (Atherton, 1999). “French cooking’: Is Tourism Law a legislative ‘millefeuille’? Tourism is regulated by law, much time before the adoption of a specific body of rules. Indeed, it has to do with the liberty of moving from place to place, without any bans imposed by the state. So, it is intrinsically connected with civil fundamental rights, like the freedom of motion. It has been noticed in a convincing way, in the level of French legal theory, that this law is older than it seems to, and that it can find out its own origins in the regulation of the liberty to go and to come. It has been added that since people have had the possibility of travelling, this question emerged (Jégou70, 2012). That is why, tourism right is primarily classified into the field of public law (mainly constitutional law) rather than of private law. Of course, as already signalized, tourism has many rules of private law (civil law, commercial law, labor law), like the case of contracting between hotel companies and other tourism companies or hotel ‘customers. The same representative of ‘French cooking’ legal theory denies the parallel of tourism legislation to millefeuille, Ifthe French pastry has as its motto this sweet, famous on international scale, tourism law is not a legislative millefeuille, as proved by the fact that this body of rules has been recently codified. Indeed, France is the first and the unique state all over the world, to date, to adopt a Tourism Code'(égouzo, 2012). Anyway, it is to point out that the expression ‘French cooking’ has been consecrated to point out the particular legal framework on the use of nuclear energy in France, in opposition to the framework of other states ‘As already implied, the fundamental right to tourism has also an intrinsic political dimension, implicating liberalism and potentially democracy. Authoritarian regimes have the tendency to ban this adiivity for their own nationals, mainly because they do not want to give them the opportunity to leave definitely the country, As a general rule, they do allow the entry of foreigners as tourists, in spite of the fact that an eventual osmosis between these tourists and the local population is likely to cause, even. Innovation, Entrepreneurship and Sustainable Value Chain ISBN: 978-9963-711-37-6 ina Dynamic Environment8th Annual Conference of the EuroMed Academy of Business 2362 indirectly, destabilization of the host regime. These governments may also manifest a special interest on the matter, just like the dictatorship of Prime Minister John Metaxas, established in Greece in 1936, when a Ministry on Press and Tourism was created for the first time. The iron of the history is that two generations of governors passed by, till the resume of the institutionalization of autonomous Ministries, this time being separated one another (within a democratic government) for these fields of public policy. {A few years after the beginning ofthe twentieth century, some European countries, such as France and Greece, adopted the first rules establishing rudimental organizations for tourism, within Public ‘Administration. So, tourism was no more just a fundamental right, even implicitly, but also an official competence of public agents Mainly after World War II states created their own body of rules on this ‘democratized’ mass activity. Some of these rules belong to public Law (ie an ad hoc unit within a Ministry or a self-existent legal entity of public law, Tourism Police etc) while the rest ones are classified into private law, as already signalized Nowadays, tourism law is regarded as a specific branch of law, namely is not merely a ‘legislation’ However, itis to signalize that tourism is a transversal discipline (like cultural law), not an autonomous branch like public law in the strict sense (Constitutional Law and Administrative Law) or criminal law “ing a part of public law in the wide sense) because it has not yet self-sulficiency for the interpretation of its regulatory body, mainly in case of legislative vacuums, So, itis led to borrow the available common legal tools from the autonomous (and much older) branches, CONCLUSION: ‘DO IT LIKE THE ALTERNATIVE DIPLOMACY WAY!" ‘The current analysis has highlighted the fact that various norms on tourism have a non-juridical origin. whilst even rules of law are very useful for tourism management. The cultural norms on the matter have ‘often a socioeconomic content like the following ones: 1. Cultural tourists spend substantially more than standard tourists do, 2. One's own cultural identity is solidified, by observing the exotic other identity. Furthermore, the opinion that indigenous culture may be preserved through specific tourism legislation constitutes a crucial example of the intrinsic complementarity between cultural (social) norms and legal norms (juridical rules) relevant to tourism activities, particularly on international scale. Besides this case of complementarity, it results a common identity, an identical nature, of cultural and juridical norms, exemplified by their political nature. It has been pointed out that mainly in the destinations of the most underprivileged countries, the residents get to become servants of the tourists and this creates resentment between the local population and the visitors, Thus, tourism establishes the Innovation, Entrepreneurship and Sustainable Value Chain ISBN: 978-9963-711-37-6 ina Dynamic Environment‘8th Annual Conference of the EuroMed Academy of Business 2363 bases of a new form of colonialism, based on the foreign dependency. In this sociopolitical framework, hosts are servants but also opponent to ‘sovereign’ foreign tourists. In a similar way, in constitutional terms, itis has been proved that the fundamental civil right to tourism is not merely a civil right but it is also a political one, among human rights against the state power. This complex status is valid, in spite of the fact that a tourist is, as a general rule, a non-political subject in the political context of the foreign country that he is visiting This reference to the political nature of tourism norms is comparable with the concept on potential agents of state diplomacy. Nowadays, according to the political culture in many countries, besides conventional diplomacy operated by professional diplomats, intemational relationships should be promoted by alternative dynamic forms of ‘diplomacy’. For instance, this modem approach encourages officers of the armed forces to enact the role of informal diplomats in defense and security international affairs. Another form of alternative diplomacy has to do with archeological excavations in operation in foreign countries and with other similar intemational exchanges. So, people travelling for entertainment should not be considered as ‘tourists’ of a rather apolitical status but they should be encouraged to act as cosmopolitan citizens, comparable with the informal organs of alternative diplomacy. As for cultural tourism, it is highly recommended to establish a unique Ministry on Culture and Tourism within government, as this measure was adopted for a short period of time in Greece. Culture, particularly cultural heritage, may be promoted by tourism and also it may drastically promote tourism development, mainly international tourism. Decision - makers should realize the norm that cultural goods and tourism are essentially the two poles of the same set of public values, Last but not least, if many societies have imported the millefeuille gastronomy from France, states should prove that their own legislation is really not a legislative millefeuille, by adopting a Tourism ‘Code, upon the French paradigm. 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(1980), “The concept theory of a tourist area cycle of evolution: implications for management of resources”, Canadian geographer, Vol. 24.No. 1, pp. 1-12, ‘Crompton J. L. (1993), “Residents’ strategies for responding to tourism impacts” pp. 47-50, journal of travel research, Vol. 2, Doxey G. (1975), A causation theory of visitor-resident iritants: methodology and research inferences. The impact of tourism, travel research association, 6* annual conference proceedings, San Diego, pp. 195-198, ‘Hunt .D. (1991), “Evolution of travel and tourism terminology and definitions”, Jounal of travel research, Vol. 29 No.7, pp 1-11, ‘H§gou20 L. (2012), "The tourism law, is ita new law2",Juristoursme, No, 145, pp. 15-146 (in French). ‘World Tourism Organisation (1999), The Global Code of Ethics for Tourism. Ethics Code (recognised by UN in 2001), World Tourism Organisation, Madrid. Sites hitpyhwwwadena.es utpyiwww australia gov.au/about-australia/australianstory/austn indigenous-cultural-heritage hpyen wikipedia org/wiki/Hospitality law hupyeuropaes http /fhotelmule.comvforum/viewthread.php?tid-522 hitpy/thuml rincondelvago.com/ienpacts-oftourisn html httpy/travella.com/pageteavel-aw-4aq hitpyshwww-lawteacher netfee aw-essays/travellaw/law-for-ravel-and-tourisny-industry:php Itpifwww seiencodirect com seienco/artcle/pi/S0261517710001044 Innp:/fwwew.transtutors.com/questions/legal-aspect-in-hospitality-and.-tourism-management Innovation, Entrepreneurship and Sustainable Value Chain ISBN: 978-9963-711-37-6 ina Dynamic Environment