Legal Aspects of Tourism

Tourism Definition and Concepts

• Tourism refers to the activities of a person traveling to and staying in places outside their usual environment for not more than one year for leisure, business, and other purposes.
• The usual environment of a person consists of a certain area around their place of residence, plus all the other places they frequently visit (UNWTO).

Laws and Science

• Laws are the system of rules that a particular country or community recognizes as regulating the actions of its members, and which may enforce by imposition of penalties.
• Science is the systematized body of knowledge and pursuit and application of knowledge and understanding of the natural and social world following a systematic methodology based on evidence.
• Social sciences are a major subdivision of the sciences that study human society and its interaction with complex communities.

Subdivisions of Social Sciences

• Philosophy: the study of truth, reasoning, logic, and practical wisdom.
• Politics: the study of government, leadership, institutional processes, national security, and power.
• Economics: the study of the proper allocation of different resources.
• History: the study of the collective past and factual events.
• Anthropology: the study of the evolution of man, including biological characteristics, customs, beliefs, and traditions, and social system processes.
• Sociology: the study of the behavior of different groups, organizations, associations, institutions, barangays, and families.
• Psychology: the study of individual human behavior and mental progressions.
• Geography: the study of the physical features of the earth and its atmosphere.
• Environmental Management: the social and natural science that deals with the preservation of natural resources.

Humanities

• Languages and Literature: the principal method of human communication consisting of words used in a structured and conventional way, conveyed by speech, writing, and gestures.
• Religion and Theology: the devotional acknowledgement and spiritual belief in and worship of a superhuman controlling power.
• Law and Jurisprudence: the system of rules that a particular country or community recognizes as regulating the actions of its members, and which may enforce by imposition of penalties.
• Music: the vocal or instrumental sounds combined in such a way as to produce beauty or form, harmony, expression, and emotions.
• Architecture: involves designing and constructing structures.
• Interior Design: the art of creative internal designs of a house or building.
• Urban and Environmental Planning: master planning that involves external landforms and spaces, includes economic functions and social impacts, and urban and rural communities.

SWOT Matrix

• Strength: internal characteristics that place the tourist spot at an advantage.
• Weaknesses: internal characteristics that place the tourism spot or tourism activity at a disadvantage relative to others.
• Opportunities: external elements in the environment that can cause greater sales or profits for the tourism town, city, enterprise, government, society, or country.
• Threats: external elements in the environment that can cause trouble for the tourism town, city, enterprise, government, society, or country.

ASEAN Countries and Membership

• Brunei Darussalam: 1984
• Cambodia: 1999
• Indonesia: 1967
• Lao PDR: 1997
• Malaysia: 1967
• Myanmar: 1997
• Philippines: 1967
• Singapore: 1967
• Thailand: 1967
• Vietnam: 1995
• East Timor: 2023 (in process)
• Papua New Guinea: in process

Tourism Law Concepts

• Tourism Law: defined as legislation or set of rules, standards, and principles that deal with the proper use, development, management of the tourism and hospitality industry.
• Constitution: refers to the fundamental and organic law of a nation or state that establishes the institutions and apparatus of government.
• Treaty: an international agreement concluded between two or more states in written form and governed by international law.
• Statute: refers to the laws and rules enacted by duly constituted rule-making authorities.
• Jurisprudence: is referred to by Article 8 of the Civil Code as Judicial Supreme Court decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.

Hospitality Industry

• Defined as a broad category of service industry which is comprised of four major sub-sectors: Lodging Service (Hotel Industry), Food and Beverage Service (Restaurant Industry), Travel and Tourism, and Recreation.
• Education Nomenclature: Bachelor of Science in Hotel and Restaurant Management (BSHRM), Bachelor of Science in Hospitality Management (BSHM).

Tourism Act of 2009

• Republic Act No. 9593: declared a national policy for tourism as an engine of investment, employment, growth, and national development.
• Definition of Terms: Department refers to the Department of Tourism, Secretary refers to the Secretary of Tourism, Duty Free Philippines (DFP) refers to the government agency created pursuant to Executive Order No. 46 (1986), and Duty Free Philippines Corporation (DFPC) refers to the corporate entity created out of DFP pursuant to this Act.

Tourism Enterprises

• Refers to facilities, services, and attractions involved in tourism, such as travel and tour services, tourist transport services, tour guides, adventure sports services, convention organizers, accommodation establishments, and others.
• Primary tourism enterprises: refers to travel and tour services, land, sea and air transport services exclusively for tourist use, accommodation establishments, convention and exhibition organizers, tourism estate management services, and others.

Sustainable Tourism Development

• Refers to the management of all resources that meets the needs of tourists and host regions while protecting the opportunities for the future, in such a way that economic, social, and aesthetic needs can be fulfilled while maintaining cultural integrity, essential ecological processes, biological diversity, and life support systems.

A review of legal concepts related to tourism, covering laws, regulations, and principles. Prepare for your final examination with this practical quiz.