IDEAS home Printed from https://ideas.repec.org/p/hal/journl/hal-05712813.html

Legal Regulation Of Mass Tourism: Case Study On Balancing Economic Benefits, Sustainable Growth And The Preservation Of Local Culture And Heritage

Author

Listed:
  • Jean-Christophe Gay

    (URMIS - Unite de recherche migrations et sociétés - UNS - Université Nice Sophia Antipolis (1965 - 2019) - Institut de recherche pour le développement [IRD] : UR205 - CNRS - Centre National de la Recherche Scientifique - UPCité - Université Paris Cité - UniCA - Université Côte d'Azur)

  • Katarina Bjelić

    (Singidunum University)

Abstract

This paper examines the phenomenon of tourismophobia, understood as a sociocultural reaction to excessive tourism, and analyses the legal responses across different jurisdictions. By analysing urban regulations, constitutional rights, administrative law, and international environmental obligations, the paper focuses on the legal mechanisms that balance the right to mobility with the need to protect local communities and ecosystems. Using case studies from European cities such as Barcelona, Venice and Amsterdam, where legal restrictions have been implemented regarding short-term rentals, cruise ships and public behavior, the paper explores the legal challenges and consequences associated with excessive tourism. The paper highlights how well-defined laws can contribute to more effective tourism management by creating a legal framework that not only regulates tourism activities but also protects the rights of local communities to housing, a quality environment and the preservation of cultural identity. The legal response to tourismophobia must be comprehensive, addressing the economic, social, and ecological dimensions of tourism. By regulating short-term rental platforms such as Airbnb and Booking.com, as well as imposing limits on the number of cruise ships or days on which properties can be rented to tourists, it is possible to mitigate the negative effects of excessive tourism. Furthermore, the adoption of clear and transparent laws that integrate international environmental standards can contribute to the sustainable development of tourist destinations. In conclusion, the paper suggests that the proper definition of legal frameworks and the implementation of legislative measures can be crucial in addressing the issues of mass tourism, enabling a balance between economic benefits and the rights of local populations to a healthy living space and the preservation of cultural heritage.

Suggested Citation

  • Jean-Christophe Gay & Katarina Bjelić, 2026. "Legal Regulation Of Mass Tourism: Case Study On Balancing Economic Benefits, Sustainable Growth And The Preservation Of Local Culture And Heritage," Post-Print hal-05712813, HAL.
  • Handle: RePEc:hal:journl:hal-05712813
    as

    Download full text from publisher

    To our knowledge, this item is not available for download. To find whether it is available, there are three options:
    1. Check below whether another version of this item is available online.
    2. Check on the provider's web page whether it is in fact available.
    3. Perform a
    for a similarly titled item that would be available.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:hal:journl:hal-05712813. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: CCSD (email available below). General contact details of provider: https://hal.archives-ouvertes.fr/ .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.