| Laws & legal frameworks
Compliance, Security & Risk Management
Governance,
institutions & administrative systems
Policy,
planning & development
Trade &
regional cooperation
Education, Training & Capacity
Building
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Tourism Law is eclectic and can be divided into two broad
parts:
- Firstly, the general laws which apply to this industry
often in unexpected ways because of its peculiar characteristics eg damages
for disappointment.
-
Second, the industry specific laws from the ancient common
innkeepers and carriers doctrines to the labyrinth of local, state, federal
and international regulations which now govern this industry.
Travel, by definition, involves cross border social,
cultural and commercial transactions which arguably raise more regulatory
challenges for this industry than perhaps any other.
Importance of Tourism Law - Tourism and travel is one of the world's largest and fastest
growing industries generating 10.4% of world GDP, 8.1% of world jobs and
12.2% of world exports in 2004. (source www.wttc.org)
- Tourism and travel offers the best prospects for generating employment and
sustainable development, particularly in developing countries.
- There is an increasing recognition by industry, government and international
agencies that effective laws and institutions are fundamental to achieving
successful outcomes.
ITLI is a private institution formed in 1998 by Trevor
& Trudie Atherton to further teaching, research and publication activities
in the field of Tourism Law. Its general activities are sponsored by their
consultancy practice Atherton Advisory and projects are funded from fees
for services. Donor support is sought for worthwhile projects for developing
countries or disadvantaged communities.
Trevor Atherton
is an international lawyer with 25 years experience spanning practice, management,
government and academia. His qualifications and experience in law, accounting
and management are complemented by special expertise in property, development
and tourism. He has published extensively and is a regular presenter at
national and international conferences in these matters.
Trevor commenced the academic side of his career in 1991 when he co-founded
the Centre for Tourism and Hospitality Studies at Bond University and established
and directed the program in Tourism Law and Policy which he ran until moving
back into full time consultancy and professional practice in 1998.
He pioneered Tourism Law as a new field in teaching,
research and publication. It was launched internationally at the PATA/WTO
conference on Human
Resources for Tourism Conference in Bali, Indonesia 1993
While law is the core discipline, the subject also examines the social,
economic, environmental, marketing, planning, development and management
issues involved in regulating this industry. Students from over 30 countries
have studied at undergraduate and graduate level in the programs and a
comparative, international and interdisciplinary approach to the subject
has always been encouraged.
Trudie
Atherton, who is similarly qualified, took over coordination
of the teaching programs from 1997 and has since expanded the offerings
into the University of Technology, Sydney. The Tourism Law subject materials
and approach are enhanced by the extensive research and consultancy work
which Trevor and Trudie Atherton have undertaken for industry, governments,
UN agencies and international tourism organisations through Atherton
Advisory . The courses are now offered at several universities in
Australia and internationally and there are plans to further extend the
offerings through various other international academic, aid and development
agencies.
The development of this subject area has coincided
with the growing recognition by stakeholders that:
- tourism is a global industry which routinely involves transboundary
travel, trade, transactions and social, cultural and environmental interactions
- it presents the ultimate in opportunities and challenges for national
and international regulation
- to optimise the outcomes, the legal and institutional infrastructure
is just as important as the physical infrastructure
- emerging market economies face special challenges in designing, establishing
and administering an adequate regulatory framework to handle international
tourism.
- TEACHING To develop, conduct, host and participate
in programs, courses, seminars and conferences.
- RESEARCH To undertake research directed to identifying
international best practice in the regulation of tourism and travel
and developing sustainable solutions to the problems faced by industry,
government and host communities particularly in developing countries.
- PUBLICATION To encourage and facilitate publication,
particularly of a comparative and interdisciplinary nature, reflecting
the projects of the Institute and the research interests of the participants.
Activities
- TEACHING
Continue to offer and develop the following courses through affiliated institutions.
Courses offered include:
| Academic courses |
Vocational courses |
Tourism Law
Travel Law
Tourism & Travel Law (graduate)
Tourism Planning & Development Law (graduate)
International Tourism Law & Policy |
Law for National Tourism Administrations
Law for Travel Agents
Law for Tour Guides
Law for Tour Operators
Law for Hotels
Hospitality Law |
|
Provide and participate in seminars,
conferences and workshops on these subject areas.
- RESEARCH
Continue to research in these subject areas and also to supervise and support
the research of other scholars through affiliated institutions. Continue
to identify emerging issues, problems and promote research into best practice
and solutions.
Research projects supervised by the Directors have
included:
| Research projects
supervised |
| Individual post-graduate
studies: |
LLM theses: |
SJD and doctoral theses: |
Aboriginal Tourism
Liquor licensing
Self regulation: tourism codes of environmental practice
Regulating ecotourism
Risk management in hotel premises
Discrimination in the hospitality industry
Hospitality Law
Regulating Antarctic tourism
World heritage listing and national sovereignty
Law governing package holiday travel from Australia to Indonesia
|
Government role
in tourism marketing
Liquor licensing and gaming Queensland/NSW comparative study
Strata titling of hotel developments
Timesharing
Risk Management in the Hospitality Industry
Regulation of tourism in Fiji
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Regulation of
commercial land development in Malaysia
Negotiating international air service agreements
Tourism policy and legislation in SE Asia and Australia
Foreign investment law and policy in Indochina
Negotiating international air service agreements
Travel industry intermediaries' legal obligations in the air
travel transaction: a case for comprehensive codification (examiner
for University of Queensland Law School)
|
|
- PUBLICATION
Further support and promote further publication particularly by research
students in the academic courses offered and by other interested scholars.
Books authored by the Directors include:
- Atherton TC&TA, Tourism Travel and Hospitality Law LBC
Sydney, 534 pages 1998. To purchase a copy Contact
Us
- Atherton, TC, The Regulation of Tourism Planning, Development
and Management, MSc thesis Surrey University 178 pages, 1991.
- Atherton TC&TA, Current Issues in Tourism and Travel Law
chapter in book entitled Managing Tourist Health and Safety in the New
Millennium, Wilks J an Page S (eds), Elsevier/Pergamon, London 2003.
The Directors have also published over 100 other articles, reports, studies
and guides on their specialist subject areas. For information on any particular
subject please Contact Us
TOURISM LAW INFORMATION
Maintain and develop the extensive database on tourism law including the
collection of international conventions, codes and regulatory materials,
national best practice and models laws.
Provide searches of the database upon request.
Develop a system for publication, access and searching on line.
To communicate with other academic institutions that
have legal and or tourism programs to offer the specialist courses and encourage
affiliation and cooperation in teaching, research and publication.
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