Bizhanova A.M.
4nd year student
Specialty: "International law"
International Relations Faculty
Al-Farabi Kazakh National University
Scientific adviser:
PhD, Associate Professor of
International Law
Baimagambetova Z.M.
The International legal regulation of tourist activity
Tourism is an important part of international economic, cultural and
humanitarian cooperation and, of course, takes significant place in global economy.
At the present time the role of international tourism is growing: its
development has become global, providing a significant impact on the national
economy of many countries of the world.
It is well known that tourism is one of the most profitable businesses
in the world. According to WTO estimation, it is expected that by 2020 trips to
famous cities, popular resorts and the monuments of history and culture will
have been made by 1.8 billion people; the revenues from travel services will
amount to about 2 trillion USD. It means that new vacancies will be created and
millions of people will be employed [1].
Studying the experience of the legal regulation of the states, where
tourism is most developed, it should be noted, that the success of the development
of tourism depends on how this area is perceived at the state level, how the
industry enjoys government support [2].
Turkey can serve as example of such state, which gives privileges to
local and foreign investors, tour operators. Due to the financial support of
the state and local authorities of Turkey Tourism industry is booming. So, if
in 1994 the number of tourists reached 6.7 million people, in 1998 it reached
9.2 million people, and income per year amounted to 8 billion 300 million USD
[3].
The modern period of the development of tourism requires the formation
of new mechanisms and motivations of the activities of tourism enterprises, as
well as insufficiently developed sections of the legislation that directly or
indirectly affect the interests of consumers, tourism enterprises and the state
in the making of the private tourism sector. The analysis of the documents of
international conferences on tourism
shows that "tourism should be planned by the public authorities, as
well as local authorities and tourism organizations in an integrated and
consistent manner" [4].
Today it is impossible to do without a national mechanism for the
coordination of tourism policy at the national level. In this connection, great
importance is given to the World Tourism Organization (UNWTO) - a specialized
United Nations agency, which is the leading international organization in the
area of tourism and travel. It serves as a global forum in the field of tourism
policy and a practical source of tourism know-how. With headquarters in Madrid
(Spain), the UNWTO plays a central and decisive role in the promotion and
development of responsible, sustainable and universally accessible tourism,
designed to promote economic development, international understanding, peace,
prosperity, and mutual respect, unconditional observance of civil rights and
fundamental freedoms. In its recommendations the WTO notes, that at the current
stage of the development of tourism only state and government play in it a
leading, if not the only role, and the private-business sector is involved
partially. Private sector will never be able to cover the need for large
investments in the development of resorts, hotels and other tourism
enterprises, as well as the main elements of the tourist infrastructure.
Exactly state and public authorities provide the representation of tourism in
other countries, elaborate programs for the attraction of tourists and provide
them with tourist information [5].
The formation of international relationships and partnership of the
international community countries involve the improvement of international
legal regulation in the sphere of tourism and international travelling. Easily
we can say that at the present moment tourism regulation requires overall
coordination from the states of all the regions. The CIS countries being aware
of the need to work together in the area of tourism and the importance of its
formation began to join forces and efforts in advancing this sector of the
world economy.
Currently, bilateral and multilateral relationships of the CIS countries
are based on economic cooperation. It should be noted, that the integration
processes in the post-Soviet space are quite complex and contradictory.
In the CIS countries the coordination of the activities of the
international tourism is seen in the framework of partnership in the
humanitarian sphere. In the CIS Charter tourism is indicated as one of the main
objectives in humanitarian partnership, the expansion of which contributes to
the involvement of a wide range of humanitarian cooperation of the potential
partners [6].
Tourism issues are mentioned in the Declaration "On humanitarian
cooperation of states - participants of the CIS", and in signed in August
2005 for the realization of this Declaration The Agreement “On humanitarian
cooperation of states - participants of the CIS”. According to the provisions of these documents, the country
intends to guarantee the achievement of specific objectives in the fields of
culture, science, education, information, sport and tourism [7]; [8].
We should also note the important role of the international legal
regulation of tourist activity of the Interparliamentary Assembly of countries
- participants of the CIS (IPA), which received all the powers of an
international organization in accordance with the Convention on the
Interparliamentary Assembly of countries - members of the Commonwealth of
Independent States on May 26, 1995.
One of the main problems of IPA is the formation, development and
approximation of legislation of the CIS countries. After the adoption in the
Interparliamentary Assembly the model legal acts are offered to Commonwealth
states as the standards for national legislation.
Guided by the Manila Declaration on the World tourism of 1980, the Hague
Declaration on Tourism of 1989 and other international agreements in this area,
the states signed the agreement "On cooperation in the field
of tourism " on December 23, 1993. According to the document, the states
take over the obligation to promote to the creation of a joint tourist space,
harmonization of legal and regulatory documents, and also the adoption of
certain measures for the renewal of the traditional tourist routes and the
opening of new ones [8]; [9].
Particular interest is paid to expanding and generating of public or
social tourism, the simplification of passport and visa and customs
formalities, the providing of the safety of tourists in the host country.
The IPA of CIS, undoubtedly taking into account the intergovernmental
agreement "On cooperation in the field of tourism", in 1994 adopted
the document (a single one of its kind at the time) - an advisory legal act
"On the basic principles of cooperation of the countries - participants of
the CIS in the field of tourism." The represented document included the
formulation of the key notions in the field of tourism activities, the legal
framework of tourist activity, the definition of the basic legal mechanism
[10].
The IPA of CIS has established a number of programs in order to create
the legal framework and the basis of interstate regulation of tourism, among
which stands out the adopted on 29 May 1997 interstate target program "The
Development of tourism relationships between the states - participants of the
CIS."
On the basis of the experience of state-legal management of tourism in
foreign countries it can be concluded that the development of tourist sphere in
these countries is under significant attention of the state. There are special
independent public bodies that effectively implement the management of tourism
activities. The legal measures of the regulation of public relationships in the
tourism sector include the privilege methods, incentives, the monitoring and
creation of a favorable legal environment for the development of tourism
industry.
The State control should be carried out in two ways: firstly, as the
current control, aimed at assessing the implementation of plans for concrete
measures to promote tourism; secondly, as a strategic control, aimed at
assessing the level of achievement of the set goals. The objects of strategic
control are the state and the degree of the use of the country (region) tourist
potential, as well as the implementation of the planned target programs. In
addition, the system of strategic control includes the monitoring of external
and internal environment, changes in the economic and social policy of the
state.
In order to realize the further development of tourism, examining the
legal Act "On tourism activities in the Republic of Kazakhstan" dated
June 13 2001, we tend to stress the necessity to improve the visa policy of the
State [12]. So, in order to increase the flow of tourists in Kazakhstan, the
Ministry of Tourism and Sports of Kazakhstan should cooperate with the Ministry
of Foreign Affairs of the Republic of Kazakhstan so as to introduce visa-free
travelling for the citizens of economically developed and prosperous countries
such as Japan, USA, Germany and the UK. We also believe that it is necessary to
reduce taxes for all the services provided by the tourism industry.
References
1. N.I. Sachenkova The impact the State on tourism //
Collection of articles TISBI. - Kazan, 1998. - Vol. 1.- S.96-98.
2. V.A. Kvartalyanov Tourism. - M .: Finance and
Statistics, 2000. - 320 p.
3. The nature and specifics of marketing in tourism //
Tourism business newspaper. - 1999. - ¹ 3/61. - S.4-6.
4. G.B. Uahitova The role of the tourism industry in
the development of the national economy // Bulletin of the National Academy of
Sciences of the Republic of Kazakhstan -2006. - ¹4 - P.109-114.
5. V.I. Savchenko Tourism industry - an independent
governing body // The Russian tourist newspaper. - 1999.
6. The Charter of the Commonwealth of Independent
States of 22 January 1993
7. The Agreement on humanitarian cooperation of the
CIS member states of 26 August 2005
8. The Declaration on humanitarian cooperation of the
CIS member states of 8 May 2005
9. The Manila Declaration on the World tourism of 1980
10. The Hague Declaration on Tourism of 1989
11. The agreement “On cooperation in the field of
tourism” of December 23, 1993
12. The Law of the Republic of Kazakhstan dated on
June 13, 2001 ¹ 211-II “On tourist activity in the Republic of Kazakhstan”