Understanding the Legal Framework of Tourism in Argentina
The Law and Its Role in Social Life
The law is the set of rules governing social life and settling interpersonal conflicts. When we talk about sources of law, we refer to all rules that make up the regulatory framework, which impose positive or negative behaviors (to do or not do) on the inhabitants of a state. The sources of law are: the law, doctrine, jurisprudence, and customs.
Public Law and Tourism
With regard to Public Law, tourism relates to:
- Constitutional Law: The relationship of Constitutional Law on tourism is given by Articles 14 and 14a of the Argentine Constitution, as the State establishes the obligation of paid leave for workers.
- Criminal Law: This relates to cases where illegal acts affect both domestic and foreign tourists, as well as negligence that might threaten the lives of individuals engaged in extreme activities.
- Public International Law: In the absence of agreements on the entry and exit of passengers between nations, the development of tourism both regionally and globally would be impossible. The state must strengthen its international relations by making bilateral and multilateral agreements.
- Administrative Law: When the National, Provincial, or Municipal State is responsible for facilities that can operate as tourist equipment, it must adhere to rules or principles of operation as required by administrative law.
- Financial Law: This relates to the priority the state allocates to the tourism budget distribution.
- Municipal Law: This involves security control on public roads, public spaces, and health and sanitation regulations for hotels, dining, and general trade.
Private Law and Tourism
As for private law, tourism relates to:
- Civil Law: This governs contracts made for transportation. Civil Law regulates contractual acts between tourism service providers and beneficiaries, binding both parties to their obligations.
- Labor Law: This involves collective labor agreements.
- Commercial Law: Tourism is an example of the corporate sector, including travel agencies, transport, hotels, etc.
- Private International Law: Given that tourism involves the movement of people between different countries, it can lead to conflicts such as illegal immigration or issues with stranded tourists, which are resolved by applying public international law to the private area.
Constitutional Framework
The Constitution is made up of three parts. Here is a description of each:
- Article 5: Each province of Argentina will have its own provincial constitution based on the same principles, declarations, and guarantees of the Constitution. Provinces must ensure the municipal system as a condition for recognition of their institutional life.
- Environmental and Consumer Protection: Articles 14, 14 bis, 16, 27, 41, and 42 address commercial rights, worker rights, equality before the law, and consumer protection.
Branches of Government
La Nación Argentina is divided into three branches:
- Executive Branch: Represented by the President, responsible for the administration of the country, including appointing a cabinet of ministers and secretaries.
- Legislative Branch: Tasked with the formation and enactment of laws, comprising two chambers: Deputies and Senators.
- Judiciary: Consists of the Supreme Court and lower courts, responsible for administering justice and interpreting laws.
Legal System and Rights
The legal system is defined as a set of coercible standards governing social life. It establishes an orderly system of rules and hierarchies that impose obligations on individuals. For example, paying taxes or entering into contracts for tourism services.
Conclusion
Understanding the legal framework surrounding tourism in Argentina is essential for ensuring compliance and promoting sustainable development in the sector. The interplay between public and private law shapes the tourism landscape, influencing everything from worker rights to international agreements.