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The Education Law in the careers of Tourism

By:   |   Jul 08, 2018   |   Views: 11   |   Comments: 0


We take the idea that tourism represents a lot for the strategic development of any State. We believe that its dissemination and awareness must be present both in the formal and non-formal education; That which we abocaremos the subject of legal education at the top level and aimed at students of Tourism.

From a historical perspective it is not wrong to say that the programs of tourism in Latin America in general and our country in particular are more or less recent and therefore their thinking is, from a scientific point of view in an embryonic state. As recently is that the UBA has not yet been able (or not wanted or have not left) include an offer academic university. The first dilemma of career tourist (and still disputed) has been whether to raise a degree in Tourism containing Hoteleria knowledge, or if treated as two different degrees with a common core; It is not the purpose of this elucidate this riddle, but it is important to emphasize as it impinges directly on the contents of the legal matters that are seeking to introduce.

Nor are other clarify that prior to any discussion and for market reasons Universities, were before the dilemma of bringing in their faculties or departments careers linked to the hospitality industry. The second question then was: Where? Thus some universities, opted for a humanistic perspective and added to their social science faculties. Others, from a more technical favored anexarlas his department Demographics, or the Geography department. The latest decided to create autonomous departments and faculties, others holding their location to structural causes. And finally, there were institutions that from a closer to the business located in the area of economics; Which incidentally coincides with the political definition of our country.

But if it was a problem locating the career of Bachelor of Tourism within the Faculty, was no less problematic locate a matter of law within their respective Degree (Hoteleria / Tourism)

Since the beginning of the curriculum was seen as raising obvious, which could not be absent the policy complete the vision of the future professional, with the regulatory framework in the sector. And while, with some success, it was generally agreed that this should know placed in the past or before last year's race, is not always worked on the key issues which should be based on any subject, namely: What taught? How is taught? And What is taught? .

Hence, until a few years ago it was not unusual to take a program from any university and verify that the same topics were a sort of ongoing civil law, summarized and accelerated with some references to the laws of hoteleria and travel agencies. Nothing could be more contradictory or away from the content, skills and assessments that the learner should incorporate at this stage of their training. The underlying idea seems to have been: "There must be a matter of law, we do not know either how or why; The content is put the Advocate that dictate "and that is how we saw the dislate to see students trying to elucidate Tourism the extent of the law habientes within a complex succession, or to question the differences between divorce and the separation of fact and other lindeces the like. Experience and raised, others say it is has proved frustrating for everyone.

It is not difficult to think that this problem could have been avoided if they had been taken as a reference and teaching experiences similar tested; As for instance, teachers of law within racing economics and vice versa which has long had to work overcoming such obstacles for the sake of an integrating vision.

The law is not a panacea to solve all the ills of the industry, however atempera, modulates, and channeled in this direction, as a cross as is the Tourism, good news is that the area is the closure the academic training. The right engine or will we build it as a hindrance as all citizens who participate in it.

What is taught?

Overcome the stage of diagnosis raised two questions: 1) Is there a subject to which we may call: "Right Tourist" or simply, we are facing one of the many activities that require some specific regulation. And then 2) Since the beginning what content should raise the same issue?

For the first question some authors (surely follow the line of thought of Saxon Travel Law) risked the first scenario focusing on the actor "travel agent" as a major generator of new contract, and Puig and Vitta could affirm the existence of a "... Tourist law that no longer feels fit in the traditional mold of civil or commercial law and that is receptado by only partially right of navigation in the two species, air and sea. "; However we believe that to define the autonomy of a branch the law is necessary to discover whether the principles that are axiológicamente original report as to constitute a legal construction systematic, complete and closed, making it unnecessary to resort to principles of another branch.

As can be seen the debate, which is still open, goes beyond a fickleness Academicist, since according to choosing one or another position condition also curriculum development.

The second issue also had different responses;

1) Some understood to be assuming that the students have or should have a solid background civic allowing enter fully into the different meanings of law;

2) others argued that although this was what "should be" was not what was perceived in the classroom and therefore the proposal was "recovering" the knowledge that would allow framing activity. In other words, evil can develop and present the theme of "Right" when the student lacks the basic knowledge of "State", "nation", etc.

3) a minority (perhaps more pressed for a limited hours per academic curriculum requirements) was inclined to go directly to the heart of the contents, perhaps mentioning in the process but leaving the initiative to rid the student's work to rebuild or incorporate basic concepts.

How do you teach?

Saving the debate here pedagogical content determine whether or not the methodology; If they admit that at least the condition. Three are in our view the factors that contribute to the way of teaching:

A) teacher training; The matter dictated by lawyers suffers the strengths and weaknesses of their training because the specialization courses on Tourism and Law are scarce, if not non-existent; Without being able to meet this demand logically with proposals that are foreign, obviously according to the laws of the countries offerors.

B) What institutional. In a structural sense on two levels;

1) From the macro variables that may be:

I. "Hours"

Ii. "Responsibilities"

Iii. "Level" (Tertiary college or university) will act in filter selection and setting priorities and curriculum

Iv. "Location" of the race over the School Department or from which it depends. Put another way: if the BA in Tourism depends on a department or faculty of Natural Sciences contents of the materials in general and in particular the legal may be different from one that depends on a department or faculty of Economics.

2) "The corporate culture" also brings to the field can not (or should not) be treated as a watertight compartment; Rather articulated as other gear that are key in the overall interpretation of the problem. Thus Political Tourist, Tourist Social Planning, etc.. Feed and feed on the rules.

C) The Politician. The programs may not be a mere production laboratory, or the result more or less lucid on the experience of two or three professionals. They must be yes, a scientific and academic but that reflects and is covered by the broader contours of a serious policy proposal, which would give the industry the true place of "state policy", well above the cyclical and declamations in line with the directives of the WTO to which we are embedded.

In summary: The strategies in practice we have seen are varied and deserve seen without dogma, as follows:

1) Many Europeans in general and in particular Spaniards have treated the matter from the various branches of law, it is not uncommon to be facing a "Private Law Tourism" or "Public International Law Tourism", etc..

2) In our country, in the tradition of our some scholars have formed a Party General and Special another; Namely, that while the first fundantes dictate the concepts of matter at the second points to the specific themes (hoteleria, agencies , etc.).

3) Some teachers have focused on the transmission of the laws, others have thought of the traditional method of cases and some have opted for mixed media.

4) But just as a problem is to know where it is, so is knowing where to be reached. Some proposals have been incorporating commercial complex topics such as the "Time Sharing"; While it is true that are closely linked to tourism phenomenon, the fact remains that require lengthy legal considerations in order to be understood in its entirety . Others have viewed with concern the absence of such topics as "natural and cultural heritage" to understand that these "excess" what is required for training, an opinion with which we disagree on the grounds that it is one of the pillars of the area where exactly square every notion of "sustainability".

What is taught?

The first intent is the ultimate in performance, saying the old ones. The response to what it usually is answered in what some educators call "objectives", but more often than not its wording is so open and general often can acusársela of ambiguous.

Who does this first raise? Who sets the goals for each area? : The University how? Consensuandolos with the teacher, with the specialist (or at least should) where? The plan of the area first and then in the general responsibilities why? By delegation.

With dubious legislative law 24521 Higher Education in art. 42 to talk about "powers" delegated fixing them in academic institutions. This has been a aquelarre overlaps with other races (eg guides) or confusion (eg between Lic. Tourism and Lic. In Hospitality) Difficulty that could only find its limits if the race were declared "public interest". This status requires both the Ministry of Education and the University Council to determine the responsibilities of the professional career in question. Giving well, partly to the CONEAU (National Commission for Assessment and Accreditation University) in the rating institution, thereby nullify distortive academic offerings and add value to the profession from those proposed holding the minimun required quality. (That is why, despite the burden on the private oversight State, several universities are pushing for the race is declared "public interest")

Expressed verbally targets more or less common (or exclusive or exclusive) arising from the different programs are:


1) Master the basics of law.

2) Relate the different types of social legal frameworks of any venture

3) Analyze case law


4) To diagnose the regime liability situations

5) Decide between appealing to the judicial system and / or the alternative dispute resolution.

6) Apply and cooperate in the preparation of the various contractual arrangements in the sector.


7) Interesarse by the natural and cultural heritage

8) Work interdisciplinariamente

9) Respect for the rules

On the other side of the bank, students also have their perception on different answers to this question. In annual surveys in which we conduct courses (provided very significant) usually give us some hints:

A) For Life

B) To complete my training,

C) In order to determine if I need a lawyer or not,

D) To have another management tool,

As can be seen, and despite the widespread, institutions and students are not (at least on this point) too far. Indeed civic knowledge is useful and necessary in any instance of civic life but within races Tourism becomes an instrumental value inescapable.

Thus, an activity that purports to be a model and drive development implies respect for the regulatory framework that contains. Not because (as we said at the start), this would solve all their problems, but because any activity that is handled with "clear rules of the game" has a greater opportunity for growth and generate investment.

Our Proposal

It is simple and is based on two pillars: Integration and Research.

 We believe that it should speak of a law Applied Tourists from a multiplicity of actors;

 That should fill certain gaps real students normally "pull" of Polimodal and therefore it requires an average hourly load;

 To the extent that investment in research will be unable to develop the content matter.

 That it is necessary to generate academic forums and an offer courses that allow complete teacher training required by lawyers for the purpose of providing a multidisciplinary approach;

 The curriculum should, without losing originality and integrated into the overall planning of the state and it in turn articulated lines of the WTO.

 That should propelled the career of Bachelor of Tourism as "public interest" jerarquizando their level of education and clear the gray areas of their "competence"

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