Wednesday, 23 March 2011

A definition of "marine tourism law"

I see marine tourism law as a part of attractions law, which I defined earlier as “the body of legal rules that regulate the relationships of the tourists while they are involved in the attraction that motivated their journey” (P Vrancken “Introduction” in P Vrancken Tourism and the Law in South Africa (2002) 274). I agree with Orams that what distinguishes marine tourism law from other parts of attractions law is the fact that, in the case of marine tourism law, the attractions “have as their host or focus the marine environment (where the marine environment is defined as those waters which are saline and tide-affected)” (Orams Marine Tourism. Development, Impacts and Management (1999) 9). It is necessary to narrow the scope of marine tourism law down further in order to exclude work-related attractions such as commercial fishing and marine scientific research, so as to avoid including almost the entire law of the sea. Indeed, in a sense, humans being land-based creatures, any individual spending at least one night at sea is a tourist. I therefore suggest that “marine tourism law” be defined as “the body of legal rules that regulate the relationships of the tourists while they are involved in non-work-related attractions which have as their host or focus the marine environment, the latter being understood as including all bodies of saline water connected permanently or episodically to the open sea”.

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