TRAVEL, TOURISM,
AND HERITAGE LAW
Dr. Phil Cameron, S.J.D., LL.M, J.D.
Doctor of International Law and Law Clerk
International Forum of Travel and Tourism Advocates (IFTTA) www.IFTTA.org
Anolik Law Corporation www.TravelLaw.com
Dean, Special Projects Rowan-Cabarrus Community College (RCCC) www.rccc.edu
Space Travel Law Association (STELA ) www.SpaceTravelLaw.com
Salisbury and San Francisco, USA
Tokyo, Japan
TRAVEL, TOURISM,
AND HERITAGE LAW
*** THIS DOCUMENT REFLECTS ALL URGENCY
LEGISLATION ENACTED ***
*** THROUGH 2007 CH. 170, APPROVED 7/30/07
***
BUSINESS & PROFESSIONS CODE
Division 7. General Business Regulations
Part 3. Representations to the Public
Chapter 1. Advertising
Article 2.6. Sellers of Travel
Cal Bus & Prof Code § 17550 et seq. (2007)
§ 17550. Legislative findings and declarations
The Legislature finds and declares that certain
advertising, sales, and business practices of sellers of
travel have worked financial hardship upon the people
of this state; that the travel business has a significant
impact upon the economy and well-being of this state
and its people; that problems have arisen that are
peculiar to sellers of travel business; and that the
public welfare requires regulation of sellers of travel in
order to eliminate unfair advertising, sales, and
business practices; to establish standards that will
safeguard the people against financial hardship; to
encourage competition, fair dealing, and prosperity in
the travel business; and to provide certain and
reliable funding for the seller of travel registration
program and enforcement by the office of the
Attorney General of this article.
It is the intent of the Legislature in enacting this article
that the Department of Justice, to the extent that
resources are available, work together with
representatives of the affected business community to
develop sample forms that will, to the maximum
extent possible, enable sellers of travel to comply with
the requirement to provide to persons making
payment the information required by subdivision (c)
and subdivisions (e) to ( l ),
inclusive, of Section 17550.13, in a manner
that is simplified, efficient, and nonduplicative,
and in a manner that recognizes the particular
burdens and situations that may exist for small
sellers of travel in their efforts to comply with
the provisions of that section.
§ 17550.1. "Seller of travel"
(a) "Seller of travel" means a person who
sells, provides, furnishes, contracts for,
arranges, or advertises that he or she can or
may arrange, or has arranged, wholesale or
retail, either of the following:
(1) Air or sea transportation either separately
or in conjunction with other travel services.
4) A person or organization certified under
Part 5 (commencing with Section 12140) of
Division 2 of the Insurance Code, except such
a person or organization shall comply with the
registration and fee provisions of Sections
17550.20 and 17550.21 for each location at
which air or sea transportation is sold either
separately or in conjunction with other travel
services.
(5) A motor or rail carrier or water vessel
operator holding the required permit, license,
or other authority to operate from a state,
federal, or other governmental entity.
(c) Notwithstanding any other provision of law,
a reference in this article or Article 2.7
(commencing with Section 17550.35) to air or
sea transportation or to an air or sea
§ 17550.2. "Advertise"
"Advertise" means to make any representation in the
solicitation of air or sea transportation, and includes
communication with other members of the same
partnership, corporation, joint venture, association,
organization, group, or other entity.
§ 17550.3. "Passenger"
"Passenger" is a person on whose behalf money or
other consideration has been given or is to be given
to another, including another member of the same
partnership, corporation, joint venture, association,
organization, group, or other entity, for air or sea
transportation, other travel services, or both, for that
person.
§ 17550.4. "Air carrier"
An air carrier is a transporter by air of persons that
operates under a certificate of convenience and
necessity issued by the United States Department of
Transportation or under the certification of a foreign
government that is recognized by the United States
Department of Transportation.
§ 17550.1. "Seller of travel"
(a) "Seller of travel" means a person who sells,
provides, furnishes, contracts for, arranges, or
advertises that he or she can or may arrange, or has
arranged, wholesale or retail, either of the following:
(1) Air or sea transportation either separately or in
conjunction with other travel services.
(carrier, includes land or water vessel transportation,
as described in subdivision (a), and a motor carrier or
water vessel operator.
§ 17550.2. "Advertise"
"Advertise" means to make any representation in the
solicitation of air or sea transportation, and includes
TRAVEL, TOURISM,
AND HERITAGE LAW
Part I: Legal Issues For Sellers Of Travel
Part II: NC Tourism
Part III: World Heritage And Travel Law
Sustainable
Development
 “Development that meets the needs of the
present without compromising the ability of
future generations to meet their own needs.
 It contains within it two key concepts: the
concept of ‘needs’, in particular the essential
needs of the world’s poor, to which
overriding priority should be given;

Bruntland, G. (ed.), Our Common Future World Commission on Environment and Development,
(1987) Oxford, Oxford University Press
Sustainable
Development
 And the idea of limitations imposed by the
state of technology and social organization
on the environment’s ability to meet present
and future needs.”
 “Development involves a progressive
transformation of economy and society.”

Bruntland, G. (ed.), Our Common Future World Commission on Environment and
Development, (1987) Oxford, Oxford University Press.
World Heritage
 Tourism as a vehicle for the host culture to explain




their history and tell their story.
The non-appropriation of the heritage by any particular
state and the exclusion of state sovereignty over
heritage
Common Heritage entails freedom of access and
freedom of scientific investigation
The heritage may only be used for peaceful purposes
The rational legal use of the heritage and equitable
sharing of the Common Heritage of Humankind.
What is International Law?
 Most generally, international law consists of
the body of rules & procedures that are
intended to govern relations between
nations or states.
Two Branches
of International Law
 Public International Law: regulates the relations
between national states. Now, through
conventions, it also recognizes the rights of
individuals and, thus, governs relations between a
state & citizens of other states.
 Private International Law: consists of those
rules and practices that determine where and by
whose law controversies involving more than one
state are resolved, and how foreign judgments are
enforced.
General Sources of
International Law
 Art. 38(1) of the Statute of the International
Court of Justice in the Hague (ICJ) defines
customarily recognized sources:
 “Disputes submitted to the court should be
decided by applying treaties, international
customs, general principles of law, judicial
decisions, and the teachings of international
law scholars…”
Designation of Sources
(1)
(2)
(3)
(4)
International Agreements/Conventions
Customary International Law (general practice)
General Principles of law (recognized by nations)
Judicial Decisions (both International & National
Courts)
(5) Writings of International Law Scholars
(secondary sources)
"Sustainable development is
development that meets the needs of
the present without compromising the
ability of future generations to meet
their own needs.“
11
Sustainable Tourism Management “…meets
the needs of present tourists and host regions
while protecting and enhancing opportunity
for the future…”
United Nations World Tourism Organization (UN-WTO)
www.world-tourism.org/sustainable/doc/a21-def.pdf)
12
5 Main Travel and
Tourism Groups
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Providers
Sellers
Travelers
Hosts
Regulators
– State, Federal, International
– Derived from over 4,000 years of Hospitality,
Maritime, and Air law
TRAVEL AGENT
 Agent of the Provider of Travel
 Agent of the Traveler – Consumer
 Dual Agent, with obligations to both parties
TRAVEL IS ABOUT
EXCHANGE
Simba of Disney, 1994
vs.
Kimba - Tezuka, 1965
Antiquities chief Zahi Hawass said Egypt’s law
would apply only to exact replicas -- including
scale -- meaning someone would have to build a
full-size copy of the giant pyramids for it to
violate the copyright.
Luxor of Egypt
vs.
Las Vegas
•
3 pyramids are aligned to the three
constellation stars of Orion
•
North shaft points to Theban north star of time of building
pyramid. location of rebirth for
Osiris.
17
Egypt's heritage and
Intellectual Property
 "If you (want to) build an exact copy of the Great Pyramid
we will stop you," Hawass told The Associated Press.
 The provision is part of a new draft antiquities law that
Hawass before the Egyptian parliament. The bill would also
mandate life imprisonment for antiquities smugglers, an
attempt to crack down on theft of Egypt's heritage.
Egypt's heritage and
Intellectual Property
 Under the law, anyone seeking to make an exact replica of
a copyrighted pharaonic artifact would have to seek
permission from and pay a fee to Egypt's Supreme Council
of Antiquities.
 The draft bill comes amid recent complaints in Egyptian
media about money being made by the pyramid-shaped
Las Vegas Luxor casino.
 But Hawass said that and other ancient Egyptian-themed
parks and malls around the world would not be affected by
the copyright law.
 Became law in 2010
Egypt's heritage and
Intellectual Property
 Egyptian lawyer Hossam Lutfi, an expert with the U.N.'s
World Intellectual Property Organization, said the draft may
be baffling since the authors of the works in question are
long gone.
 However, UNESCO and Lufti's organization are trying to
develop the idea -- which still has not won wide backing -that a nation has the right to defend how its folklore and
heritage are used internationally.
Disney’s Mulan vs.
Shijingshan Amusement Park
Steven Spielberg
DreamWorks
Prince of Egypt
TUSCANY’S
WORLD HERITAGE

As World Heritage we cherish these vistas, and use economic,
cultural and legal means to protect their Landscapes and
Skyscapes. This includes using the country side in destination
marketing as a symbol of national pride and a tourism product
to be protected and enjoyed for future generations.
 The UNWTO initiative seeks to assist states with both
economic and business protection of this natural heritage to
include intellectual property protection to block misappropriation
of patrimonial rights, so that others that do not produce
products or services from this region cannot benefit from the
brand of this heritage.
TUSCANY’S
WORLD HERITAGE
 UNESCO designated heritage sites protect the landscape and structures,
but I am working with UNESCO to develop Skyscape protection as well so
that for example, McDonald's cannot put an advertisement blocking the
Skyscape around Stonehenge, Pepsi cannot plant a flag on the Moon, and
sites enjoyed throughout history, literature, song, and paintings for their
Skyscape views cannot be taken away.
 This Landscape view has been recognized by states as a valuable touristic
product, such as Switzerland that highly subsidizes farmers. And by France
and other states, that have recognized the touristic and environmental value
of Skyscapes through the Starlight Initiative.
 European Landscape Convention – CETS No.: 176 – Council of Europe
Tourism, Poverty Reduction,
and Sustainable
Development
 Increasing employment opportunities
 Developing infrastructure
 Creating standards for individual, corporate and
social activities related to tourism.
 Therefore, the elimination of poverty through
tourism requires the understanding and
cooperation of state, corporate, and individual
tourists.
Tourism, Poverty Reduction,
and Sustainable
Development
“It is now recognized that tourism has great potential
to create and indirectly support job creation in several
segments of the economy:
 airlines
 hotels
 restaurants
 transportation
 travel agencies and
 telecommunications
Private sector led development of the tourist industry
is an important source of foreign exchange revenues
in many countries …” National Development Strategy for Iraq
iraqcomattache.org/i/files/docs/NDS_2007-2010_Mar_English.doc
The Convention Concerning the
Protection of the World Cultural
and Natural Heritage1972
 The identification, designation, and
protection of World Heritage Sites.
 “Heritage is our legacy from the
past, what we live with today, and
what we pass on to future
generations. Our cultural and
natural heritages are both
irreplaceable sources of life and
inspiration.”
World Heritage Sites
Mexico Sites
USA and Japan
The Convention Concerning the
Protection of the World Cultural
and Natural Heritage1972
 By 2002 tourists numbers at 400,000
 2,000 Tourists per day taking the Inca Trail.
 So by the year 2001 so much trash,
inadequate toilets, erosion, vegetation
destruction, firewood cutting, shelters
becoming mini-slum lean too communities
 2003 UNESCO threatened to remove its
World Heritage List Designation
 Peruvian Government responded with
Special Task Force
 Sanctuary Authority for rehabilitation
including re-afforestation
 Government renewed essential services
along the route (toilets, shelters, water
supply) to protect the environment in a
sustainable manner
 Capacity limited to 500 people per day
TRAVEL, TOURISM,
AND HERITAGE LAW
WORLD HERITAGE AND TRAVEL LAW
 Tourism and Sustainable Development
 General Assembly of UNESCO approved the
Operational Directives and that the Convention for
the Safeguarding of Intangible Cultural Heritage
 Considering that culture cannot be reduced to its
material aspects, intangible heritage must be
addressed in innovative-sustainable ways, as a
source of inspiration, a field of research and a vast
and rich territory of identity.
TRAVEL, TOURISM,
AND HERITAGE LAW
Following the definition endorsed by
UNESCO, one of the main goals of
Sharing Cultures 2009 is to bring into
discussion research work on
 "living expressions and traditions that
countless groups and communities
worldwide have inherited from their
ancestors and transmit to their
descendants, in most cases orally".
The Convention Concerning the
Protection of the World Cultural
and Natural Heritage1972
TPOC Challenge for North America and Africa
Diaspora - Identify sites that align with UNESCO:
a) Cultural Landscapes
b) Historic Towns and Town Centres
c) Heritage Canals
d) Heritage Routes
SKYSCAPE HERITAGE
of
The African Diaspora
The Underground Railroad as described to seekers
of freedom through: Songs, Quilts and Blankets
each describing the Stars as a Map to the North
WORLD HERITAGE
 Museums are a place for a culture
to tell their story
 Historic Sites should be preserved
for present generations and future
generations. This means legal
protections are needed so that the
tourist merely observe history by
not touching, scratching, writing
on, and destroying the artifacts
WORLD HERITAGE
The Importance of Protecting our Heritage
The Lost Cultures of the Americas
“Tourism destinations in the state include amusement
parks, golf, wineries, beaches, meetings and conventions
and sports venues. The North Carolina tourism industry
employs more than 190,000 people. The state [NC] is the
6th most visited in the country (preceded by Florida,
California, New York, Nevada and Pennsylvania).”
“Travelers spend $16.9B in N.C."
– Triangle Business Journal.”
39
The case for sustainability in tourism is telling in the
construction and management of the Proximity Hotel
located in Greensboro, North Carolina which is the first
LEED Platinum certified hotel in the country.
40
•a regenerative elevator
•41% less energy through new and innovative building practices.
•100 solar panels cover the 4,000 sq. ft of rooftop.
•Salvaged, solid walnut trees which were fell by sickness or storm used in the restaurant.
•New variable speed restaurant hoods automatically vary power settings based on the
kitchens needs.
•Geothermal energy used for kitchen refrigerators.
•700 linear feet of stream was restored by reducing erosion, planting local, adaptable plant
species and rebuilding the buffers and banks. Approximately 700 cubic yards of soil was
removed to create a floodplain bench. And 376 tons of boulders and 18 logs were used to
maintain grade control, dissipate energy and assist in the creation and maintenance of
riffles and pools.
•Regenerative Drive Elevator (North America's first) captures system energy and feeds it
back into the building's electrical grid.
•Natural lighting, with large energy-efficient operable windows connects 97% of all
regularly occupied space to the outdoors.
•Building materials with recycled content: steel with 90% post consumer recycled content,
sheetrock 100%, asphalt 25% and staircase steel 50%.
41
87% of construction waste was recycled, diverting 1,535 tons of debris from landfills.
Water usage has been reduced by 33% by installing high-efficiency plumbing fixtures
Regional vendors and artists were used for materials to reduce transportation and packaging.
Low-emitting volatile organic compound (VOC) paints, adhesives, carpets, etc.
Guestroom shelving and the bistro’s tabletops are made of walnut veneer, over a substrate of
SkyBlend, a particleboard made from 100% post-industrial recycled wood pulp with no added
formaldehyde.
A green, vegetated rooftop will be planted on the restaurant.
“Education Center” for sustainable practices includes tours of our "green" hotel for guests,
sustainable practices symposia, and outreach programs for students of all ages.
Bicycles are available for guests to ride on the nearby five-mile greenway.
42
North Carolina Career Clusters Guide
A North Carolina guide for educational and career planning using the Career Clusters.
(pdf, 21.3mb) www.ncpublicschools.org/cte/publications/career/
43
•
The worldwide tourism and recreation industry includes
such diverse settings as theme parks, fitness facilities,
tour operations, cultural and natural attractions, events
and festivals, transportation industries, sports and
entertainment venues, tourism promotion agencies,
convention and meeting services, shopping centers,
historic preservation districts, and retirement
communities.
•
Hotels and other accommodations provided 1.8 million
wage and salary jobs in 2006. Food and beverage services,
which rank among the nation’s leading employers,
provided about 9.4 million wage and salary jobs.
44
45
WORLD HERITAGE
Dominican Republic Underwater Heritage Park


The Maritime Archaeology & Cultural Resource Management Project Monte Cristi 2002 - the perfect example of a product for tourism and sustainable development

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Northern Caribbean Research S.A. in
National Center for Shipwreck Research Ltd. (USA),
Nova Southeastern University (USA), and
Oxford University MARE (UK).i
Government of the Dominican Republic

Guests can visit and explore the excavations of 16th -18th century Spanish, French
and English Warships and Merchant Vessels along the North Coast of the Dominican
Republic.

The guests stay in a hotel and dives are arranged through Northern Caribbean
Research, tour operator. Guests can walk out onto the beach and into the water, then
scuba dive to see the underwater park of real sunken treasure ships that were carrying
gold from South America back to Europe.
The 7th ISS Tourist
Guy Laliberté
September, 2009
• Born Quebec City, Canada is the founder and
chief executive officer of Cirque du Soleil.
• Around $35 million
47
Outer Space Treaty
Article 1 (1967)
 World Heritage Law was first crystallized as a
legal concept in stating that Outer Space is
“the common heritage of all Mankind”
 Convention Concerning the Protection of the World
Cultural and Natural Heritage (1972)
Article 4 of the Moon Treaty
applies to all Celestial Bodies
“The exploration and use of the moon shall be
the province of all mankind and shall be
carried out for the benefit and in the interests
of all countries, irrespective of their degree of
economic or scientific development. Due
regard shall be paid to the interests of present
and future generations as well as to the need
to promote higher standards of living and
conditions of economic and social progress
and development in accordance with the
Charter of the United Nations.”
1. Starlight Initiative 2007
2. Starlight Reserves 2008
3. Skyscape Observatories
2009
WORKING GROUP FOR
UNESCO PROTECTION OF
SKYSCAPE HERITAGE
 Heritage Convention, expanded from Operational
Guidelines for the Implementation of the World Heritage
Convention:
a) Cultural Landscapes;
b) Historic Towns and Town Centres;
c) Heritage Canals;
d) Heritage Routes
I proposed adding the following:
e) Skyscape Observatories
WORKING GROUP FOR
UNESCO PROTECTION OF
SKYSCAPE HERITAGE
SKYSCAPE HERITAGE
El Caracol" of Chichen Itza, Mexico
The Temple of Heaven
 A Skyscape Observatory
 For Daylight and Starlight
 Starlight Savings Time

The Temple of Heaven
 A Skyscape Observatory
 For Daylight and Starlight
 Starlight Savings Time
Antiquities chief Zahi Hawass said Egypt’s law
would apply only to exact replicas -- including
scale -- meaning someone would have to build a
full-size copy of the giant pyramids for it to
violate the copyright.
Luxor of Egypt
vs.
Las Vegas
•
3 pyramids are aligned to the three
constellation stars of Orion
•
North shaft points to Theban north star of time of building
pyramid. location of rebirth for
Osiris.
58
59
• The cruise began and ended in
Tianjin (Beijing), China. Port
calls include: Chejhu Island,
South
Korea;
Kagoshima,
Japan and Kobe, Japan. The
ship spent two nights in Kobe
with an optional over night
excursion to Tokyo.
• www.astronomyvacations.com
• July 11, 2010 eclipse
in the Tuamotu
Islands east of Tahiti
• May 20, 2012 - the
Four Corners of
Nevada, Arizona, New
Mexico and Colorado
60
WORKING GROUP FOR
UNESCO PROTECTION OF
SKYSCAPE HERITAGE
Skyscape Observatories

25. Skyscape Observatories are cultural properties are cultural properties and represent the
"combined works of nature and of man" designated in Article 1 of the Convention. They are illustrative
of humankind’s reverence of the natural sky by Sun Light, Star Light, Dusk Light and Dawn Light. The
Skyscape Observatories were created to learn from, calculate, categorize, predict, and inspire those
viewing the natural skies above the Observatories.

26. They should be selected on the basis of the purposeful construction of Cultural and Scientific and
Religious locals that have outstanding universal value and of their representavity in terms of their
significant influence on those past, present and future observers.

27. The term "Skyscape Observatory" embraces a diversity of manifestations of the interaction
between humankind and the natural environment of the Sun, Moon, Stars, Light, and Other Celestial
Bodies above.

28. Skyscape Observatories have inspired humankind from the origins of EVERY religion, as well as
cultural, artistic endeavors, and scientific investigation. The monuments created to capture and study
the skies and the heavenly bodies are of the utmost importance to humankind’s development of
civilization as found in both religious and scientific development. These Observatories played a
centural role in the community of the civilizations of the world, and their function to observe is helpful
to learn from past generations and to inspire present and future generations.
DEVELOPING CONFIDENCE
FOR THE TOURIST
Some Prior Success:
 California, is one of the strongest travel industries
in the world, in part based on its travel laws.
California sellers of travel system is entirely
economically self-sufficient, and even contributes
to the government of California beyond the
requirements of its travel program.
 Heritage designation of sites through UNWTO and
UNESCO offer confidence to travelers that the site
is both of significance and protected
North America – 41 Flags
Dr. Phil Cameron, S.J.D., LL.M, J.D.
Doctor of International Law and Law Clerk
International Forum of Travel and Tourism Advocates (IFTTA) www.IFTTA.org
Anolik Law Corporation www.TravelLaw.com
Dean, Special Projects Rowan-Cabarrus Community College (RCCC) www.rccc.edu
Space Travel Law Association (STELA ) www.SpaceTravelLaw.com
Salisbury and San Francisco, USA
Tokyo, Japan