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ECO-TOURISM AND ITS LEGAL IMPLICATIONS

ENVIRONMENTAL LAW PROJECT ON

“ECO-TOURISM AND ITS LEGAL IMPLICATIONS”

Project submitted to
Dr. Azimkhan B. Pathan

Project submitted by
Ayushi Dwivedi
Roll no. 47
Section-A, Semester-IV
Submitted on- 18/02/2015

HIDAYATULLAH NATIONAL LAW UNIVERSITY
RAIPUR, C.G.

1

ECO-TOURISM AND ITS LEGAL IMPLICATIONS

Declaration

I hereby declare that the project work entitled “ECO-TOURISM AND ITS LEGAL
IMPLICATIONS” submitted in HNLU, Raipur, is record of an original work done by me under
the able guidance of the Faculty of Environmental Law, HNLU, Raipur.

AYUSHI DWIVEDI
ROLL NO:

47

BA.LL.B.(HONS.), SEM IV, BATCH: XIII
DATE: 18/02/2015

2

ECO-TOURISM AND ITS LEGAL IMPLICATIONS

ACKNOWLEDGEMENT

The successful completion of any task would be, but incomplete, without the mention of people
who made it possible and whose constant guidance and encouragement crowned my effort with
success.
I would like to thank my course teacher Dr. Azim Pathan Sir for providing me the topic of my
interest.
Secondly, I would like to thank our Vice Chancellor for providing the best possible facilities of
I.T. and library in the university.
I would also like to extend my warm and sincere thanks to all my colleagues, who contributed in
innumerable ways in the accomplishment of this project.

Ayushi Dwivedi
Semester IV

3

ECO-TOURISM AND ITS LEGAL IMPLICATIONS

CONTENT

1. Declaration………………………………………………………………………….2
2. Acknowledgements………………………………………………………………....3
3. List of Abbreviations………………………………………………………………..5
4. Table of Cases……………………………………………………………………….6
5. Research Methodology…………………………………………………………...….7
6. Objectives of Study……………………………………………………………….…7
7. Chapterisation……………………………………………………………………….7
8. Introduction………………………………………………………………………..8-9
9. Concept of Eco-tourism…………………………………………………………10-12
10. Legal Implications……………………………………………………………….13-14
11. Constitutional and Legislative Measures………………………………………...15-16
12. International Legislations………………………………………………………...17-18
13. National Tourism Management Models…………………………………………….19
14. Findings and Solutions………………………………………………………………20
15. Conclusion…………………………………………………………………………...21
16. Bibliography…………………………………………………………………………22

LIST OF ABBREVIATIONS

1. &

-

And.
4

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
2. e.g.

-

For Example.

3. etc.

-

Etcetera.

4. i.e.

-

That is.

5. Edn.

-

Edition.

6. SC

-

Supreme Court.

7. SCC

-

Supreme Court Cases

8. AIR

-

All India Reporter

5

ECO-TOURISM AND ITS LEGAL IMPLICATIONS

TABLE OF CASES
S.N

Name of the Case

Citation

Pag

o

e
No.

1.

Banwasi Seva Ashram v. State of Uttar Pradesh

AIR 1987 SC 374

14

2.

Formento Resorts and Hotels Limited v. Minguel Martins

(2009) 3 SCC 356

13

3.

Indian Council for Enviro Legal Action v. Union of India

(1996) 2 JT (SC) 196

16

4.

M.C.Mehta v. Kamal Nath

1997 1 SCC 388

16

5.

M.C. Mehta v. Union of India

AIR 1997 SC 734

16

6.

M.C. Mehta v. Union of India

(2007) 1 SCC 110

16

7.

Rural Litigation and Entitlement Kendra v State of Uttar

AIR 1987 SC 359

14

AIR 1987 SC 1109

13

Pradesh
8.

Shri Sachidanand Pandey v. State of West Bengal

9.

Vellore Citizens Welfare Forum v. Union of India

(1996) 7 JT (SC) 375

16

6

ECO-TOURISM AND ITS LEGAL IMPLICATIONS

RESEARCH METHODOLOGY

This research paper is descriptive and doctrinal in approach. It is largely based on secondary and
electronic sources. Other reference as guided by faculty of Environmental Law is primarily
helpful for the completion of this project.

OBJECTIVES

a. To analyse the areas and legal implications that have opened up related to Eco-Tourism.
b. To study the status of laws, policy and guidelines for ecotourism.
c. To focus on the impacts of ecotourism on biodiversity and community governance.
d. To propose the possible solutions and regulatory measures.

CHAPTERISATION

The project contains nine main chapters which are:
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ECO-TOURISM AND ITS LEGAL IMPLICATIONS
1. Introduction
2. Concept of Eco-tourism
3. Legal Implications
4. Constitutional and Legislative Measures
5. International Legislations
6. National Tourism Management Models
7. Findings and Solutions
8. Conclusion
9. Bibliography

I. INTRODUCTION

Tourism is one of the world’s largest industries. The World Travel and Tourism
Council (WTTC) estimates that tourism generates some 12% of the world
total GNP. With studies predicting continued growth, tourism is an
increasingly important factor in the planning and management at UNESCO
World Heritage sites.
Tourism offers well-known advantages. Visitor fees, concessions and donations provide funds for
restoration and protection efforts. Visitors may be recruited as friends of a site and can help
generate international support. Tour operators and hotel chains can play a role in the management
8

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
of a site by making financial contributions, aiding monitoring efforts, or instructing their clients
in responsible tourism. Tourism can also promote cultural values by supporting local handicrafts
or by offering alternative economic activities.
The travel and tourism sector is now the world’s largest industry, estimated to generate almost
eleven per cent of world gross domestic product (GDP) in 1996 and forecast to generate 130
million new jobs over the next decade, either directly (hotel/airlines employment) or indirectly
(construction, financial services). This sector is also growing faster than most industries. Growth
rates are expected to peak at 4.4 per cent annually by 2000. Cross-border travel is the fastestgrowing segment; international arrivals are set to double in the period 1990-2010, from 456
million to 937 million.1
On the downside, tourism spawns well-known problems. Managing rapid
tourism growth is a time-consuming process demanding clear policies,
ongoing dialogue with stakeholders, and constant monitoring. Tourism
activities require environmental impact assessments (EIAs) and procedures
for minimizing impacts.2 At sites with limited budgets and staff, growing
tourism can stretch scarce resources and take managers away from
protection efforts. In this context, the impact of tourism on the world
environment is generating increasing interest in public and private sectors,
and has led to a number of new policies at the national and interregional
levels. The industry itself has responded to government and market demand
with the rapid development of what has been termed “ecotourism.”
A new century of environmental consciousness is dawning. Under the
pressures of explosive human population growth, our planet’s natural
communities are shriveling rapidly. They are shrinking on all sides because of
the expansion of agriculture, urbanization, damming, forest fragmentation,
1 World Travel & Tourism Council, Key Statistics, 1996
2 Inskeep, Edward. Tourism Planning: An Integrated and Sustainable Development Approach. New York:
Van Nostrand Reinhold, 1991
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ECO-TOURISM AND ITS LEGAL IMPLICATIONS
contaminants into water tables, road building, and even more indirect human
impacts such as the invasion by exotic species and the distribution of genetic
crops.3 In Nepal, ecotourists flock to hike one of the remaining wilderness
regions on the planet, but these hikers have stripped the landscape bare of
sticks and twigs for fuel and left trash that spoils the experience for future
visitors. In the Galapagos, the burgeoning number of visitors strains these
sensitive and fragile islands. The impact of these visitors, manifested by
disease, fire, and theft, has altered the natural balance of the island
ecosystems. In the last decade, approximately 20 of the 230 species of
plants face immediate extinction, and another 10 are thought to be extinct.4

While tourism can contribute to protection and restoration efforts, the right
balance between economic gain and undesirable impacts can be elusive.
Managers know that a tourist attraction must be periodically renewed to
remain competitive. In the case of World Heritage sites, they are also aware
that they are under an international obligation to maintain or restore the
site’s original values. 5This responsibility poses difficult questions regarding
the degree of change that should be permitted to accommodate tourism
growth. Another problem is ensuring that a portion of tourism revenue
remains in the community as a means of fostering local protection,
conservation and restoration efforts.

3The H. John Heinz III Center for Science, Economics and the Environment. 2002, Cambridge,
UK,Cambridge University Press.
4 Botanic Gardens Conservation International. 2004. Cuttings. Botanic Gardens Conservation News 1(2):
5.
5 Crossley, John and Lee, Bong Koo. “Eco-tourists and Mass Markets: A Difference in ’Benefits
Sought’”, in: Tourism: The Economy’s Silver Lining: TwentyFifth Annual Conference, pp. 22-29.
Colorado, USA: Travel and Tourism Research Association, October 1994.
10

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
To meet these and other challenges, proper and effective legal framework is
necessary so that eco-tourism can add to the economic and aesthetic value
of a nation without hampering or damaging the environment in any way.
This research paper addresses the needs identified and implied by such
problems

and

provides

a

set

of

methodologies,

solutions

and

recommendations intended to solve eco-tourism problems.

II. CONCEPT OF ECO-TOURISM


ECOTOURISM DEFINITIONS

Defining ecotourism has proven a challenge, since this concept attempts to describe an activity,
set forth a philosophy, and refer to a model of economic development. Eco-tourism is one of the
most frequently cited categories of the “new” tourism. In 1989, the Audubon Society called it a
“travel ethic.” A Canadian definition, based on a public/ private sector consensus, calls it “an
enlightening nature travel experience that contributes to conservation of the ecosystem, while
respecting the integrity of host communities.”
The International Ecotourism Society defines it as “responsible travel to natural areas which
conserves the environment and sustains the well-being of local people.” Broader definitions by
consulting firms, such as the Vancouver based ARA Group, include “travel to enjoy and
appreciate nature” or “tourism related to nature/adventure/culture in the countryside.” 6
Ecotourism can therefore be subdivided by degree of involvement and trip purpose (primary vs.
secondary travel objective).
A 1994 North American study found significant differences between primary and secondary
travel groups. Each was mostly between 25 and 54 years of age, but the ecotourism group
(primary) had higher education levels and a higher willingness to spend (45 per cent willing to
6 Ecotourism: A Guide for Planners and Managers, Kreg Linberg & D. Hawkins, eds, 1993, The
Ecotourism Society, p.3; also Ecotourism — Nature/Adventure/ Culture: Alberta & British Columbia
Market Demand Assessment, Report by ARA Consulting Group, Vancouver; December 1994, pp. 1-3.
11

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
spend over $1,500 per person on an ecotourism vacation, as opposed to 38 per cent of the
secondary traveler group interested in nature).7


ECOTOURISM: SIZE AND GROWTH

Because of this broad range of eco-tourist definitions, the ecotourism market has been
notoriously difficult to assess, and estimates vary a great deal among the main markets of origin.
A 1992 survey by the U.S. Travel Data Center showed that 7.0 per cent of U.S. travelers (8
million) had taken at least one ecotourism trip, and 30 per cent (35 million) planned to take one
within the next three years. The Center also reported a 330 per cent growth in international
visitors to U.S. national parks in the 1985-91 period (63,500 visits in 1985 vs. 273,400 in 1991).
Non-North American originating markets show great variations according to the source of the
estimate. The World Travel & Tourism Council estimates only 4.0 per cent of European
outbound travel to be ecotourism-based, but the Ecotourism Society ranks 40 to 60 per cent of all
international arrivals to be nature-oriented. International arrivals grew from 393 million in 1988
to over 528 million in 1994. The Ecotourism Society has estimated 157-236 million to be nature
oriented in 1988 and 211-317 million in 1994.8
The best market estimates may have been achieved to date for traditional ecotourism
destinations. A World Wildlife Fund 1990 survey of tourists to Mexico, Belize, Dominica, Costa
Rica, and Ecuador, for instance, found 41 to 75 per cent of travelers visiting protected nature
areas.9
Costa Rica has become one of the top destinations in the 1990s, and the scope and impact of its
ecotourism has been relatively well researched in government studies. International arrivals to
Costa Rica grew by 37 per cent in only three years, from 500,000 in 1991 to 684,000 in 1993.
Tourism receipts reached $577 million in 1993. A survey commissioned by the National Park
Service in 1992 showed that visitors to forested areas increased from 18 per cent in 1982 to 54
7 Ecotourism/Nature/Adventure/ Culture, ARA Report, op. cit., pp. 2- 12.
8 U.S. Travel Data Center, U.S. Travel Survey, 1992; World Travel & Tourism Council, 1995 statistics;
Ecotourism Society, 1995 (oral communication).
9 World Wildlife Fund, Survey of Ecotourism Travel to Central America, 1990.
12

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
per cent in 1991.10Given this rapid growth of tourism involving nature areas, policymakers are
reviewing existing legislation and taking initiatives at the international, regional, and national
levels.


TYPES OF ECO-TOURISM

In most cases, ecotourism follows two important principles of sustainability: 11
 to promote conservation of the natural ecosystems
 to support local economies
Ecotourism in, say, the Grand Canyon can be:
 Passive, such as viewing the canyon
 Active, such as rafting down the Colorado River
 Exploitive, such as staying in the lodge on the rim of the canyon
Ecotourism can also be”
 Mass Tourism, where optimization of income is the most important factor, and expanding
programs are measures of success.
 Alternative Tourism, where environmental sustainability and limiting the number of tourists
are the most important measures of success.12


OBJECTIVES OF ECO-TOURISM

The objectives of ecotourism are to provide a nature-based, environmental education experience
for visitors and to manage this in a sustainable fashion. As forests become logged, as streams
10 Evolucion del Turismo en las Areas Silvestres, report by Fernando Bermudez for the National Park
Service/Ministry of Natural Resources, Energy and Mining, Costa Rica, 1992, p.6.
11 Blamey, R. K. 2001. Principles of ecotourism. In Weaver, D. B., The Encyclopedia of Ecotourism.
New York: CABI Publishing. Pp. 5-22.
12 Wood, Megan Epler. Ecotourism: Principles, Practices & Policies for Sustainability. United Nations
Environment Programme Publication ISBN: 92-807-2064-3, 2002
13

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
become polluted, and as other signs of human activity become ubiquitous, the requirements of a
true ecotourism experience are increasingly difficult to fulfill. To compensate for the “invasion”
of human disturbance, ecotourism has promoted the educational aspects of the experience.
Examples include opportunities to work with scientists to collect field data in a remote
wilderness (e.g., Earthwatch) or travel with a naturalist to learn the secrets of a tropical rain
forest (e.g., Smithsonian Institution travel trips).13 Environmental education serves to provide
information about the natural history and culture of a site; it also promotes a conservation ethic
that may infuse tourists with stronger pro-environmental attitudes.

III. LEGAL IMPLICATIONS
Tourism and the environment are two independent terms, but could be easily associated with
each other. Tourism industry has attained very important place in economy specially due to its
rapid and spectacular growth over the last few decades but ironically, with the rapid development
of tourism all over the world; a lots of concern has been came into the notice of the world. PATA
and WTO in a full time conference at Bali in 1993, has discussed the relationship between
tourism and environment. India is one of nations, which have enacted such legislation and has set
up a separate Ministry of Environment and Forest to monitor the land use from the
environmental perspective. The whole mechanism from district to central level has helped in the
enforcement of these laws. Moreover, legislation can be one of the efficient control mechanisms
to maintain harmonious relationship between tourism and environment. Similarly Ministry of
Tourism is responsible for the inbound tourism in India.14

13 Ceballos-Lascurain, H. Tourism, eco-tourism and protected areas: The state of nature-based tourism
around the world and guidelines for its development. IUCN, Gland, Switzerland, and Cambridge, UK.
1966
14 Sarungbam Lucy, Eco Tourism and the Law in India, The People’s Chronicle
14

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
Thus there is an urgent need to determine a relation between environment and tourism with the
ambit of national and international laws, and further will discuss the implementation and
adequacy of these laws. Global Environmental crisis has questioned the modernity, its values and
scientific development of mankind. The very existence and survival of man and other forms of
life have become a matter of deep concern. Today, it is a debate which is not restricted to a
defined territory and has emerged as a global concern. 15 Environmental laws are the standards
that governments establish to manage natural resources and environmental quality. The broad
categories of “natural resources” and “environmental quality” include such areas as air and water
pollution, forests and wildlife, hazardous waste, agricultural practices, wetlands, and land-use
planning.
In the Constitution of India it is clearly stated that it is the duty of the state to ‘protect and
improve the environment and to safeguard the forests and wildlife of the country’. 16As per Shri
Sachidanand Pandey v. State of West Bengal 17, the Courts may work under it as it imposes a
duty on every citizen ‘to protect and improve the natural environment including forests, lakes,
rivers, and wildlife’. Reference to the environment has also been made in the Directive Principles
of State Policy as well as the Fundamental Rights. The Department of Environment was
established in India in 1980 to ensure a healthy environment for the country. This later became
the Ministry of Environment and Forests in 1985.
International law and regulation plays a very important role in environment. Like many other
branches of international law, international environmental law is interdisciplinary, intersecting
and overlapping with numerous other areas of research, including economics, political science,
ecology, human rights and navigation/admiralty.
The current state of tourism and recreation is characterized by the uninterrupted growth of both
planned and unplanned tourism that brings about negative ecological consequences. For
example, from 1965 through 1985, the number of available spaces at campsites increased ten15 Formento Resorts and Hotels Limited v. Minguel Martins, (2009) 3 SCC 356
16 Article 48A, The Constitution of India, 1950
17 AIR 1987 SC 1109
15

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
fold, while the number of tourists grew by almost fifty-fold. The number of tourists per year is
calculated at more than sixty million. Natural resources are "consumed" by the tourist industry wooded and hilly areas are used for hiking; rivers and lakes are used for boating; and game
preserves are used for hunting. Moreover, tourists visit a wide variety of historical-cultural
monuments, as well as natural landscapes and wonders. The protection of natural resources and
their legitimate uses cannot be regarded separately.18It is obvious that the natural re- sources
available for tourism are limited and shrinking. Thus a conservational and protection policy is the
need of the hour and Courts have to reconcile between the imperatives of preservation of the
environment and the development of the economy, as per Banwasi Seva Ashram v. State of
Uttar Pradesh.19
Such a perception of the problem has not found broad support. Issues of environmental
protection, as they relate to tourist activities, are given little attention. The small amount of
research on these issues bears witness to this fact. Environmental protection is traditionally
aimed at preserving natural resources for tourism in specially designated areas, mainly national
parks. This area will attract greater attention as the negative consequences of the utilization of
specially protected nature sites for tourist purposes become more obvious.

IV. CONSTITUTIONAL AND LEGISLATIVE MEASURES
The laws pertaining to ecotourism are current environment and forest laws; there are no laws on
tourism at the national or state levels.
1. Stockholm Declaration of 1972 was perhaps the first major attempt to conserve and protect the
human environment at the international level. As a consequence of this Declaration, the States
were required to adopt legislative measures to protect and improve the environment.
Accordingly, Indian Parliament inserted two Articles, i.e 48(A) and 51(A) in the Constitution of
India in 1976, Article 48A of the Constitution rightly directs that the State shall endeavor to
protect and improve the environment and safeguard forests and wildlife of the country. Similarly,
clause (g) of Article 51A imposes a duty on every citizen of India, to protect and improve the
18 Rural Litigation and Entitlement Kendra v State of Uttar Pradesh, AIR 1987 SC 359.
19 AIR 1987 SC 374
16

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
natural environment including forests, lakes, river, and wildlife and to have compassion for
living creatures.
2. Wild Life (Protection) Act, 1972: The Act permits tourism in protected areas along with
scientific research and wildlife photography. However, the character and volume of tourism in
protected areas has changed considerably since this law was framed. Hence, there is an urgent
need to amendment the Act or at least bring out guidelines that regulate tourism and tourist
activity in and around the protected areas.
3. Forest (Conservation) Act, 1980: The law prohibits conversion of forest land for ‘non-forest’
activities (any activity that does not support protection and conservation of forests). However,
ecotourism is being propagated on the notion that it supports conservation and hence is being
allowed in forest areas. Although this Act has the potential to regulate ecotourism, there is an
urgent need to verify the claim that eco-tourism supports conservation in the context of
implementation of this Act.
4. Environment (Protection) Act, 1986: Under this Act, there are two very important
Notifications that are closely linked to the development of ecotourism – the Coastal Regulation
Zone Notification, 1991, and Environmental Impact Notification, 2006.
a. Coastal Regulation Zone Notification, 1991: This is an important piece of legislation
guiding anthropogenic activities along the coast. However, twenty amendments have been made
to the Notification over the years which have diluted and rendered many of the protective clauses
meaningless.
b. Environmental Impact Assessment Notification, 2006: The Notification has totally omitted
Environmental Impact Assessments for tourism projects as against its predecessor, the
Notification of 1991 that required Environmental Impact Assessments of tourism projects.
The Public Liability Insurance Act, 1991,the National Environment Tribunal Act, 1995 and the
National Environment Appellate Authority Act, 1997 are some other examples. In M. C Mehta
v. Union of India20, which enlightened the concept of CNG can be considered as the landmark to
regulate the transport system which the most important mode of transmission, that to in the

20 AIR 1997 SC 734
17

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
capital of the country. The decision also created a role model for the tourist destination to
regulate the transport sector and use environmental friendly and cleaner means of transport.


TAJ MAHAL CASE

In Taj Mahal case , the Supreme Court issued directions that coal and coke based industries in
Taj Trapezium (TTZ) which were damaging Taj should either change over to natural gas or to be
relocated outside TTZ. Again the Supreme Court directed to protect the plants planted around Taj
by the Forest Department and it has issued several directions in order to protect the Taj Mahal
from deterioration on account of environmental pollution.21


KAMAL NATH CASE22

In the State of Himachal Pradesh, Span motel, owned by the family members of Shri Kamal
Nath, Minister for Environment and Forests, Govt. of India diverted the Course of river Beas to
beautify the motel and also encroached upon some forest land. The apex court ordered the
management of the Span motel to hand over forest land to the Govt. of Himachal Pradesh and
remove all sorts of encroachments. The Court delivered a landmark judgment and established
principle of exemplary damages for the first time in India. The Supreme Court of India
recognised Polluter Pays Principle and Public Trust Doctrine.

V. INTERNATIONAL LEGISLATIONS
Presently, environmental law is not a distinct field. Environmental provisions appear in criminal,
property, construction, and water law. Environmental law is also characterized by fragmentation.
In the U.S., states such as New York and Illinois have adopted constitutional provisions to
protect the environment, but no federal amendment has been implemented. In Europe, an EEA
(European Economic Area) accord has environmental provisions, but member states retain their
own regulations. In Germany, as in the U.S., states like Bavaria are often ahead of the federal
government. Constitutional provisions exist in several countries. In Spain and Portugal,
21M. C Mehta vs Union of India, (2007) 1 SCC 110; Vellore Citizens Welfare Forum v. Union of India,
(1996) 7 JT (SC) 375; Indian Council for Enviro Legal Action v. Union of India, (1996) 2 JT (SC) 196.
22 M.C.Mehta v. Kamal Nath, 1997 1 SCC 388
18

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
protection of the environment is seen as a fundamental social right and entails a constitutional
claim for compensation. Guidelines for the state are provided by other European Union members
such as the Netherlands.
International environmental law, as it is currently understood, began in 1972 with the UN
Stockholm Conference. Prior to that, some three dozen environmental, multilateral treaties had
been signed. The most comprehensive was the 1942 Western Hemisphere Convention, now
under re-examination. By contrast, several hundred bilateral and multilateral agreements were
concluded between the 1972 Stockholm Conference and the 1992 Rio Conference (UNCED).
Most notable among these were CITES in 1973 on international trade in endangered species, the
Montreal Protocol in 1987 on control of fluorocarbons emissions, the Helsinki Protocol on sulfur
emissions, the Law of the Sea Treaty in 1982 and the 1989 Basel Convention on trade in
hazardous waste. In 1987, the World Commission on Environment and Development’s Bruntland
Report reflected a major shift from a transboundary to a global, interactive approach. It viewed
development as sustainable only through integration of economic planning with conservation,
cultural compatibility, and local input.23
More recently, the North American Free Trade Agreement (NAFTA) was the first trade
agreement to include provisions aimed at protecting the environment. In particular, NAFTA
prohibits the erosion of national standards to promote investment, reaffirms international
agreements, and encourages the harmonization of standards among the three signatory states
(Canada, the U.S., and Mexico). NAFTA was the focus of intense controversy regarding the
environment, but after initial resistance, six major environmental groups, totaling 7.5 million
members, backed NAFTA.
However, NAFTA shows the potential for another type of conflict related to rules of the General
Agreement on Trade and Tariffs (GATT) and the World Trade Organization (WTO). GATT and
now the WTO allow member countries to adopt and enforce environmental measures, but qualify
it in two ways: 1) Countries are prohibited from using environmental standards as disguised
barriers to trade; and 2) standards cannot be applied in a discriminatory way. This ambiguity has
23 Françoise Simon, Regulating Ecotourism: Legal Frameworks and Market Guidelines, Columbia Business
School.

19

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
already led to some disputes, including the first U.S./Mexico conflict over dolphin-free tuna
fishing in the Eastern Pacific Ocean. Mexico interprets the U.S. dolphin protection measures as a
disguised trade barrier.
 MARKET-BASED GUIDELINES
Given the ambiguous and fragmented nature of international agreements, the last decade has seen
a proliferation of voluntary codes of conduct generated by non-governmental organizations
(NGOs), tour operators, public land managers, and local community groups. A 1990 survey
found 60 sets of guidelines developed by these various groups, each stressing a different priority.
NGOs and tour operators tended to focus on habitat protection and human impact; public land
managers on endangered species and protected areas; and local groups on culturally responsible
tourism.
In 1995, the United Nations Environment Programme (UNEP) listed 32 major environmental
codes, from sources as diverse as the International Chamber of Commerce, the World Travel &
Tourism Council, the New Zealand and Australia governments, and the English Tourist Board.24
These codes present two main implementation problems: measurement and funding. Their
effectiveness remains impossible to assess, since none includes a quantitative framework for
baseline measurement, target setting, final measurement, or monitoring.

VI. NATIONAL TOURISM MANAGEMENT MODELS
1. AUSTRALIA
Although many governments have begun to develop policies to control the environmental
impact of tourism, Australia and New Zealand have made the most progress in releasing
comprehensive guidelines, in part because of tourism’s importance to their economies. Tourism
is Australia’s largest export industry, accounting for almost 12 per cent of the country’s export
earnings in 1993-4. Key national parks recorded a four-fold increase in the number of visitors
24Environmental Codes of Conduct for Tourism, UNEP (United Nations Environment Programme),
Technical Report No.29, 1995, p.ii.
20

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
between 1982 and 1991, and a government survey showed that 53 per cent of adult Australians
planned a nature-based trip within the next twelve months.25
Accordingly, the Australian government released in December 1992 its National Strategy For
Ecologically Sustainable Development. The Australian Conservation Foundation and the World
Wide Fund for Nature have endorsed its pioneering approach. Canada, Denmark, Sweden, South
Africa, the Netherlands and the U.S. are studying its applicability to their national environments.
The National Strategy is a package of complementary ecotourism initiatives with a funding of
$10 million over four years starting in 1993-4 26 and reflecting the fact that the Australian
ecotourism industry is characterized by small-scale operations offering personalized service. The
main provisions include:
• a feasibility study for an accreditation system for private sector companies.
• an education program for the media, the tourism industry, and consumers.
• a study to improve the business skills and knowledge base of ecotourism operators.
2. ECUADOR
The Ecuadorian Ecotourism Association (ASEC) was born in 1991 and Permanent Ecotourism
Policies were coordinated by the Ministry of Tourism with respect to ecotourism activities
developed in natural areas and the National System of Protected Areas (SNAP).

VII. FINDINGS AND SOLUTIONS
 In the case of India, it is evidently clear that there is no dearth of legislations on environment
protection in India. But the enforcement of these legislations has been far from satisfactory.
Hence there is a need for effective, accountable and efficient enforcement of the
constitutional mandate and the other environmental legislations.

25 Barbara Jones and Tanya Tear, “Australia’s National Ecotourism Strategy,” Industry and Environment,
(UNEP), January - March 1995, p.55.
26 Ibid.
21

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
 The Ministry of Environment and Forest’s new Notification in 2006, has removed tourism
projects from the mandatory list requiring the conduct of EIA and clearance from the Central
Government. This is a retrograde step, as the negative impacts environmental, social,
economic and political of tourism projects on local communities has been established
conclusively.
 A regulated mechanism for development and expansion of tourist spot must be prepared. For
instance, if we take in the case study of Goa, there was particularly relaxed atmosphere of the
people and natural surroundings made it a paradise for backpackers during the 1960s who
"were more or less able to adapt to the local way of life, eating local food and living in
simple accommodation.
 Formulating of policies that are geared to preserving and conserving the natural
environments rather than opening them up for relentless exploitation by development
activities including tourism is essential.
 Protected Areas (PAs) like national parks, wildlife sanctuaries and biosphere reserves are
seeing increasing intensive tourism development under the guise of “ecotourism”. While the
Wild Life (Protection) Act 1972 does allow tourists into Protected Areas, it clearly disallows
commercial establishments, despite this, a rash of tourism establishments are found cheek by
jowl in the immediate periphery of every Protected Area of repute like Corbett,
Ranthombore, Bandhavgarh, Kanha, Rajiv Gandhi – Nagarahole, Bandipura, Mudumalai,
and Periyar. This must be prevented by proper implementation of laws.
 The Government is responsible to establish and enforce standards, building codes and other
regulations and to specify environmental, physical and social carrying capacities to limit
development through proper legislations.
 The roles and responsibilities of tourism developers and operators are fundamental to the
achievement of success of ecotourism and must be regulated in a proper manner.

VIII. CONCLUSION
Government has started taking many strong positive steps in conservation of environment.
Specialist environmental courts have also established in some jurisdictions to ensure that judges
have the expertise and resources necessary to consider environmental cases. For example, the
Supreme Court of India has established specialized High Court benches known as “Green
Benches” to deal specifically with environmental management issues. Often, these courts are
combined with specialist administrative bodies, such as an environmental tribunal. The
22

ECO-TOURISM AND ITS LEGAL IMPLICATIONS
administrative body can hear the matter at first instance and, for some offences, apply
administrative sanctions. The specialist environment courts and tribunals may reduce the number
of cases brought before the Supreme Courts and High Courts, facilitate more consistent and
expeditious environmental decision making and be less expensive. Sanctions may range from
administrative penalties (e.g. change of licence conditions, suspension of licence, denial of
funding, fines, closures), to civil penalties (e.g. injunctions, suspension of trading, negative
advertising, compensation, cleanup, fines), to criminal penalties (e.g. closures, fines, probations
or jail sentences). Fines can be structured to accumulate on a daily basis and might be defined
within a range set out as a number of penal units. Criteria useful to determine the number of
penal units to be posed in a fine may include: the economic benefit derived from the crime, the
extent of the damage, the cost of repairing the damage, the violator’s history of prior violations,
economic impact of the penalty on the violator, the violator’s good-faith efforts to comply, and
the violator’s culpability or wilfulness. Liability can be allocated among defendants. Gathering
and cataloguing the type and severity of penalties awarded on conviction for environmental
crime would enable the creation of a resource for prosecutors and judges engaged in cases of
environmental crimes. These may be especially useful in courts of general jurisdiction where
there is limited expertise in environmental matters. Consideration should be given to establishing
specialist environmental courts or tribunals and to the development of sentencing databases and
guidelines.
The tapping of natural resources for tourism must be done with requisite attention and care so
that ecology and environment may not be affected in any serious way. A long-term planning must
be undertaken by the Central Government in consultation with the State Governments to protect
and improve the environment and to keep up the national wealth.

IX. BIBLIOGRAPHY
1. ARTICLES


Ceballos-Lascurain, H., Tourism, eco-tourism and protected areas: The state of nature-based



tourism around the world and guidelines for its development, 1966.
Crossley, John and Lee, Bong Koo. “Eco-tourists and Mass Markets: A Difference in
’Benefits Sought’”,25th Annual Conference, Tourism Research Association, October 1994
23

ECO-TOURISM AND ITS LEGAL IMPLICATIONS


Wood, Megan Epler. Ecotourism: Principles, Practices & Policies for Sustainability,United



Nations Environment Programme Publication.
Richards, G. “Cultural Tourism in Europe”, Vol. 5., 1996, Chichester, England.

2. BOOKS





Blamey, R. K., Principles of ecotourism, CABI Publishing, 2001.
Martha Honey, Ecotourism and Sustainable Development, Second Edition
John Wiley & Sons, Recreation, Ecology and Management, revised edition, January 1999
Tracy A. Farrell, “Managing Ecotourism” (vol. 2),The Ecotourism Society, 1999

3. CONVENTIONS


The Convention Concerning the Protection of the World Cultural and Natural Heritage
UNESCO World Heritage Centre, Paris, France, 1999.

4. GUIDELINES


Operational Guidelines for the Implementation of the World Heritage Convention, UNESCO



World Heritage Centre, Paris, France, 1999.
Global Code of Ethics, World Tourism Organisation.

5. WEBSITES



www.incredibleindia.org
www.jstor.org; www.unwto.org

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