Diapositiva 1

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19th Conference IFTTA International Forum of
Travel and Tourism Advocates Portugal (Beja
Mértola Tavira) October 11-14, 2007
Land Legal Aspects on Tourism Development
Prof. Graciela Güidi IFTTA Argentina Vice
President
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Environmental is a new paradigm
It is more convenient to use the expression
environmental land planning, since it is more
comprehensive. We define environment as a whole
consisting of physical, constructed and
sociocultural conditions whose diverse elements
interact with each other with a degree of global
interdependence, thus emphasizing that complexity
is a characteristic of reality and when the
latter is dealt with no matter from which branch
of knowledge, and for a fuller and more exact
understanding of the phenomena or the problems
being analyzed, it is necessary to extend ones
sight to the group of factors that influence and
are influenced by this particular study
subject. From this point of view, environmental
issues constitute themselves in a paradigm which
promotes new epistemological developments in all
scientific disciplines.
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European Spatial Development Perspective
European Spatial Development Perspective, adopted
by the European Conference of Ministers
responsible for Regional Planning (CEMAT) in
Torremolinos (1983) contained integrating
elements even when not referring to the
environmental specifically. As a matter of fact,
the Perspective considered that land planning is
the geographical expression of economic, social,
cultural and ecological policies of any society
and that it is, at the same time, a scientific
discipline, an administrative technique and a
policy developed as an interdisciplinary and
comprehensive approach. The Perspective adds that
land planning should be democratic,
comprehensive, functional and long-term
orientated.
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Environmental Land Planning and Tourism

• It consists of establishing for a certain space
  (be it municipal, provincial, national, regional
  or macro-regional) and considering the perception
  and assessment of the social groups within it,
  the diversity of the sectorial objectives already
  set and the physical, natural and human existing
  resources
• the distribution of land uses and the
  localization of structures and systems that
  sustain the functional integration of that space,
  within it and in accordance with the global one.
• Tourism development is one of the sectorial
  objectives, but with a particular characteristic
  its intensive use of space and the
  multisectoriality which is typical of its own
  development.

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Public and Private Law
If seen from a public law approach, the design
and implementation of development programs lead
us to the study of new administrative procedures,
forms of agreement between the public and
business sector, the constitution of new
administrative institutions for the application
of policies related to the sector, etc. From a
private sector point of view, property right and
free enterprise are the institutions that
confront the restrictions and limits to control,
with the concept of environmental damage and its
administrative and criminal repression, with the
new forms of amends and the new alternatives for
conflict resolutions. Both legal approaches, the
public law point of view and the private law
point of view, should merge into an organic and
harmonic way for environmental development of
tourism territory to hold the values of justice
and equity in burdens and benefits for all the
community.
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Impacts and Benefits of Tourism
It is important to point out that the activity of
tourism is as polluting as any other industry
since it produces a significant impact on the use
of soil, water and energy up to limits that could
cause the destruction of landscapes on the other
hand the generation of waste materials and
damaging gases are increased with the movement of
tourists from one place to the other. It is also
true that they are an important factor in the
reactivation of the economy, as long as the
investments that are attracted by its development
generate local employment and cause, therefore,
an improvement in the living conditions of the
receptive societies of this demand. At this
point, it is necessary to create the perfect
equilibrium between the predatory factors and the
true local advantages, something that can only be
achieved with an adequate planning on whose basis
relies the promotion of a change of culture on
the use of space.
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Tourism Planning
It is convenient to reassert that it is necessary
to have a process that guaranties the
participation of tourism-sector private actors,
of the local community involved and the consensus
between actors and the public sector which is in
charge of designing the policies. One of the key
aspects of tourism development is the creation of
more competitiveness of the supply in relation
with the various ranges of the demand, but it
must be clear that competitiveness is systemic
and that no one can be competitive if not
counting with certain human resources, services,
culture and landscape conditions.
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Tourism Planning
Tourism planning could arise as a process
encouraged from top to bottom, from the political
to the community or it could be brewed as an
initiative of the private actors who then require
organic answers from the political sector (from
bottom to top). In Argentina we have examples in
both directions, although the second case is not
common. On the basis of the considerations
mentioned before, I will set out some cases that
took place in Argentina which will serve
illustrate in a positive and sometimes negative
way, some of the issues put forward

• Strategic Federal Plan on Sustainable Tourism
  2005 2016
• Tourism Development Agency Program for each
  region
• The Gaucho Road Project

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Tourism Planning
Problems of tourism development when no
environmental land planning is taken into account

• The case of the Municipality of Junín de los
  Andes
• The case of Comodoro Rivadavia

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Strategic Federal Plan on Sustainable Tourism
2005 2016 Founding concepts of the process
Tourism evolution is absolutely dependent on the
territorial basis and economic systems on which
it relies. Thus tourism policy functionally
subordinates the governing focal points of
economic and land planning policies, both,
therefore, constituting the framework for action

• Fiscal balance
• Internal market consolidation
• Competitive exchange rates for regional economies
• Interest rates that favor productive investments

Economic policy governing focal points

• Institutional consolidation
• Sustainability
• Balance development of national tourism space
• System for encouraging and stimulating regional
  development of tourism

Land planning policy objectives
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The Regions of Argentina
North Region Las Conchas River
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The Regions of Argentina
Litoral Iguazú Falls
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The Regions of Argentina
Cuyo Grapes and good wine
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The Regions of Argentina
Centro Breakfast at country house
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The Regions of Argentina
Patagonia Perito Moreno Glacier
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Strategic Federal Plan on Sustainable Tourism
2005 2016
15 Strategies and 32 Federal Plans emerged,
identifying for each region current and potential
tourist circuits with their respective priority
actions for their administration. The
administration of the plan promotes the
reformulation of rules that regulate the tourism
activities orientated to guarantee the quality of
the services procedure adaptation and
administrative structures to allow for a higher
interaction with the private sector official
training in accordance with the new roles to be
fulfilled by the public sector, emerging from the
regional programs.
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Tourism Development Agency Program for each
region One of the Programs that emerged from
the Plan promotes the establishment of a Tourism
Development Agency for each of the regions of the
country aimed at organizing a net and at
cooperating with the financing of regional
projects. The organization of a Tourism
Development Agency is also prepared with an
enterprise incubator incorporated. Although the
concept of Non-profit Civil Society has been
chosen, regulated by private law, the project has
been launched with a preliminary structure in
order to allow for the training of the actors,
sensitiveness of the community involved and the
summoning ability of the projects to be
incubated. With the experience obtained from the
preliminary stage the constitutional document of
the Agency will be written. The Agency will be in
charge of elaborating the Circuits development
plan, the incubation of selected projects, the
facilitation of financing resources and the
proposal of infrastructure public works necessary
for the development mentioned above.
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Tourism Development Agency Circuit Catamarca -
Tucumán
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The Gaucho Road Project, an example of planning
developed from the private sector
On September 7, 2001 a non-profit civil
association was constituted which was named Red
de Ecomuseos Camino del Gaucho (Ecomuseum
Network of the Gaucho Road) with the
participation of all the private actors located
within the territory of the Province of Buenos
Aires involved in the project and whose objective
is to encourage in an integrated manner the
environmental, cultural, tourist and economic
development of the associates that share the
Project we are referring to. CEPA Foundation,
which was the initiator of the project, works as
the Technical Manager of the Network. As from
that moment, all the actions related to tourism
development are reached by consensus by the
members of the Association called Ecomuseums
and which are tourism farms, artisans, hotels,
gastronomic establishments, native music groups,
criollo horse taming schools, etc. The
achievements accomplished have awoken the
attention of the public sector and, today, it is
one of the projects supported by the National
Tourism Secretariat, by the province and the
municipalities of the area. It is an
environmentally sustainable project that gives
the territory a value in spite of not showing
tourist posibilities before.
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Gaucho Road
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Problems of tourism development when no
environmental land planning is taken into
account The case of the Municipality of Junín de
los Andes
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Junín de los Andes
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Problems of tourism development when no
environmental land planning is taken into
account The case of Comodoro Rivadavia
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Comodoro Rivadavia
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Comodoro Rivadavia
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The end
Thank you