Introduction:
Tourism and environment are two independent term, but are very closely associated as both influence each other. WTO discussed in Bali conference in 1993 about this relationship. Tourism developed in undisturbed natural areas and involves participation of a large number of people to a particular place at a time thus disturbances created by tourists may harm natural areas, leading to the degradation of environmental quality.
Objectives of environmental law:
Environmental laws seek to protect the environmental quality, thereby restricting the movement of people (tourists) in the natural areas where mass scale tourism develops and protects the environmental components from potential damage.
Every nation has its own environmental laws for protecting its environment, natural resources and wild lives. International organisations, like the United Nations organisation (UNO) and its subordinate agencies come forward to protect the world environment, formulate and suggest various policies and recommendations. It also encourages its agencies and all the countries to formulate better environmental laws and promote environmental research.
Current trend of mass tourism and the need of environmental law:
Tourism is now the world fastest growing industry and world largest in terms of involvement of people. It generates 10.4% of world GDP, 8.1% of worlds jobs and 12.2% of world export. international tourist arrivals have increased from 25 million globally in 1950, to 278 million in 1980, 527 million in 1995, and 1.32 billion in 2017. They are expected to reach 1.8 billion by 2030. As a labour intensive economic activity, tourism can be the best tools for poverty reduction, in poor countries.
Natural resources are consumed by the tourism industry in the various environmental settings in various ways:
- [ ] Wooded and hilly areas for hiking, trekking, rock climbing,
- [ ] Rivers and lakes for boating, rafting
- [ ] Forest for enjoying wildlife and hunting of wildlife
- [ ] Coastal beaches
Current state of tourism characterised by an interrupted growth of both plant and unplanned tourism that brings negative impacts on ecology and environment. Tourism, if not controlled, may destroy the natural areas drastically. For example, Maya Bay of Thailand is closed for 4 months in 2018 due to severe damage caused by tourists. Sardinia is actively battling against tourists to stop them from pinching its sand and shells as this practice constitutes a serious threat for Sardinia’s sandy beaches.
Thus the environmental law becomes the efficient mechanism of maintaining harmonious relationship between environment and tourism.
Environmental law acts restrict movement of tourists in the natural areas and infrastructure development activities, controls the behaviour of visitors and the limited number of visitors at a time in a particular area. These laws also protect any kind of damage to trees and plants as well as wild animals. These laws categorised natural areas into different zones and imposed restricted visitation and tourism and other activities in those different zones. All environmental laws didn’t recognise mass forms of tourism beneficial for the environment and thus proposed sustainable tourism development more and more.
Following areas where environmental laws are formulated, imposed and influence the tourism activity in natural areas.
- [ ] Pollution of air, water and land
- [ ] Protection of forests and wildlife
- [ ] management of wastes
- [ ] Laws related to wetlands
- [ ] Laws related to heritage and cultural sites
- [ ] Regulation on greenhouse gas emission and climate change
Tourism principles arises out of environmental laws:
Environmental laws helps to develop environmentally friendly tourism, policies and practises.
[ ] Eco tourism: Slightly different from the concept of sustainable tourism is ecotourism. This consists in visiting relatively undisturbed natural areas, intended as a low-impact and often small scale alternative to standard commercial mass tourism.
As established by The International Ecotourism Society, it aims to be a responsible way of travelling to natural areas trying to preserve the environment of that particular natural location as it is and to make a positive impact also on the economy. During the World Ecotourism Summit held in Quebec in 2002, the Quebec Declaration on Ecotourism was approved. This consists in a new tool for the international development of this type of tourism since it embraces specific principles such as contributing actively to the conservation of natural heritage, including local communities in its planning and development etc.
[ ] Sustainable tourism: The United Nations World Tourism Organisation defines sustainable tourism as the kind of tourism that meets the needs of present tourists and host regions while protecting and enhancing opportunity for the future. The objective of sustainable tourism is to retain the economic and social advantages of tourism development while reducing or mitigating any undesirable impacts on the natural, historic, cultural or social environment.
[ ]Responsible tourism:
-Tourist pay fine or polluter pays:
-Levy collected from visitors for raising funds for destination management and protection of environmental quality.
Spatial patterns of environmental laws and tourism:
-European Union imposed polluter pays in its precautionary principles (Article 191).
-Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities for promoting sustainable development.
-UNWTO approved a code of conduct for tourists in their charter of sustainable tourism.
-Constitution of India (Articles 48A, 51A) imposed duties to its citizens towards protecting the natural environment: the forests, water bodies and wildlife.
-Implementation of regulatory frameworks related to the environment and Introduction of compulsory EIA in developing tourism infrastructure in every country.
Environmental protection has always been an international issue so much that, for the first time in 2012, the UN expressly mentioned the importance of promoting sustainable tourism developing and implementing policies on air and water pollution, desertification, land degradation etc. (The 2030 Agenda for Sustainable Development).
Examples of Environmental Laws and Tourism:
The Great Barrier Reef Marine Park Regulations:
The Great Barrier Reef Marine Park Regulations were established in 1975 to protect the Great Barrier Reef from the negative impacts of tourism and other human activities. The regulations established a marine park authority to manage the park and regulate tourism activities within the park. The regulations require tourism operators to obtain permits before conducting activities such as diving, snorkelling, and fishing within the park. The permits are issued subject to conditions that ensure that the activities do not harm the environment. For instance, diving and snorkelling permits are issued subject to conditions that require operators to avoid damaging coral reefs and to avoid disturbing marine wildlife.
The United Nations Framework Convention on Climate Change:
The United Nations Framework Convention on Climate Change (UNFCCC) was established in 1992 to address the negative impacts of climate change on the environment. The UNFCCC is a global agreement that sets targets for reducing greenhouse gas emissions and mitigating the negative impacts of climate change. The tourism industry is a major contributor to greenhouse gas emissions, particularly from transport activities. The tourism industry is therefore subject to the targets set by the UNFCCC. The Paris Agreement, which was adopted in 2015, is a key outcome of the UNFCCC. The Paris Agreement sets a target to limit global warming to below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5 degrees Celsius.
The Marine Mammal Protection Act:
In 1972, the United States Congress established the Marine Mammal Protection Act (MMPA) to protect marine mammals from harm caused by human activities, including those related to tourism. The MMPA regulates activities such as whale watching, which has become a popular tourist activity in many parts of the world. The act sets guidelines for marine mammal viewing, including maintaining a safe distance from the animals, avoiding sudden changes in speed or direction, and minimizing the duration of the interaction. The MMPA also prohibits the harassment, hunting, killing, or capture of marine mammals.
The Wilderness Act:
The Wilderness Act, enacted in 1964, is a United States federal law that protects designated wilderness areas from development, including tourism-related development. The act defines wilderness areas as "an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain." The act prohibits any commercial activity, including tourism, in designated wilderness areas. This protects the natural environment and ensures that the areas remain untouched by human development.
The Galapagos Islands:
The Galapagos Islands, located off the coast of Ecuador, are a popular tourist destination known for their unique wildlife and natural beauty. The islands are also home to several endangered species, including the Galapagos penguin and the Galapagos tortoise. In 1959, the Ecuadorian government declared the Galapagos Islands a national park, and in 1979, the islands were designated a UNESCO World Heritage Site. In 1998, the government established the Galapagos National Park Directorate to manage the islands and regulate tourism activities. The directorate limits the number of tourists allowed on the islands at any given time, and requires all visitors to be accompanied by a licensed guide. Tourists are also required to follow strict guidelines, including not feeding or touching the animals, not removing any plants or animals from the islands, and disposing of waste properly.
The Inca Trail:
The Inca Trail in Peru is a popular tourist destination that leads to the ancient city of Machu Picchu. The trail passes through several ecological zones, including rainforest, cloud forest, and alpine tundra. In 2001, the Peruvian government established the Inca Trail Regulations to regulate tourism activities along the trail. The regulations limit the number of tourists allowed on the trail each day, and require all visitors to be accompanied by a licensed guide. The regulations also require visitors to follow strict guidelines, including not disturbing any archaeological sites, not littering, and not defecating in the open.
Examples from India
India is a country with diverse natural resources and rich cultural heritage, which attracts millions of tourists every year. However, the rapid growth of tourism has led to a range of environmental problems, including pollution, deforestation, and loss of biodiversity. To address these issues, the Indian government has enacted a range of environmental laws and regulations that aim to promote sustainable tourism practices while protecting the country's natural resources. This essay will explore the relationship between environmental laws and tourism in India, with a focus on specific examples.
The Wildlife Protection Act:
The Wildlife Protection Act of 1972 is a landmark legislation in India that aims to protect the country's wildlife and their habitats. The act regulates hunting, poaching, and trade in wildlife, and also establishes protected areas such as national parks and wildlife sanctuaries. These protected areas are important tourist destinations in India, attracting visitors from all over the world. The act also regulates tourism activities in these protected areas, and ensures that they are conducted in an environmentally sustainable manner. For example, in the Periyar Tiger Reserve in Kerala, tourists are only allowed to enter the park on guided tours, and are not allowed to leave designated trails or disturb the wildlife.
The Air (Prevention and Control of Pollution) Act:
The Air (Prevention and Control of Pollution) Act of 1981 is another important piece of environmental legislation in India that aims to regulate air pollution. The act establishes standards for air quality and emissions from various sources, including transportation and industry. This is particularly relevant to the tourism industry, as transportation and industry are major contributors to air pollution in tourist destinations. The act also empowers the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to monitor and enforce these standards, ensuring that tourist destinations maintain acceptable levels of air quality. For example, in Agra, home to the iconic Taj Mahal, the SPCB has implemented measures to control air pollution from vehicles and industry, in order to protect the monument from damage caused by acid rain.
The Forest Conservation Act:
The Forest Conservation Act of 1980 is another important environmental law in India that aims to protect the country's forests and biodiversity. The act regulates the diversion of forest land for non-forestry purposes, including tourism-related development. This is important because tourism-related development can have significant impacts on forests, including deforestation, habitat destruction, and loss of biodiversity. The act ensures that any tourism-related development in forest areas is carried out in a sustainable manner, and that the ecological integrity of these areas is maintained. For example, in the Western Ghats, a UNESCO World Heritage Site that is home to a range of endemic species, the Forest Conservation Act has been used to regulate tourism-related development and ensure that the area is protected.
Coastal Regulation Zone Notification:
The Coastal Regulation Zone Notification, introduced in 1991, is a significant environmental law in India that regulates development along the country's coastline. The notification lays down a framework for the management and development of coastal areas, including guidelines for various activities, such as tourism. It designates certain areas as "no-development zones", where no construction is allowed, and other areas as "restricted development zones", where development is allowed subject to certain conditions.
This law is crucial for the tourism industry, as many popular tourist destinations in India are situated along the coast. Unregulated development can have detrimental effects on the environment and the coastal ecosystems. For example, the tourist hotspot of Goa, known for its pristine beaches, has faced severe environmental degradation in the past due to uncontrolled development. The Coastal Regulation Zone Notification has been instrumental in regulating and restricting development along the coast, ensuring the protection of the fragile coastal ecosystems.
National Green Tribunal:
The National Green Tribunal (NGT) is a specialized court in India that was established in 2010 to handle environmental disputes and enforce environmental laws. The tribunal has jurisdiction over all environmental cases, including those related to the tourism industry. It has the power to impose penalties and fines for violations of environmental laws and can even order the closure of tourism-related activities that are found to be damaging to the environment.
The NGT has been instrumental in enforcing environmental laws and regulations related to the tourism industry. For example, in 2013, the NGT ordered the closure of 53 hotels in the town of Mahabaleshwar, Maharashtra, for violating environmental regulations. The tribunal found that the hotels were operating without the required environmental clearances and were contributing to the pollution of the nearby Krishna River. The NGT's action sent a strong message to the tourism industry about the need to comply with environmental regulations and ensure sustainable tourism practices.
The Water (Prevention and Control of Pollution) Act:
The Water (Prevention and Control of Pollution) Act of 1974 is an important environmental law in India that regulates the discharge of pollutants into water bodies. The act lays down standards for water quality and regulates the discharge of industrial effluents, sewage, and other pollutants into rivers, lakes, and other water bodies. This law is particularly relevant to the tourism industry, as many tourist destinations in India are situated near water bodies.
The Water (Prevention and Control of Pollution) Act has been instrumental in protecting the country's water resources and ensuring the sustainable development of tourism. For example, in the town of Kumarakom in Kerala, the Vembanad Lake, a popular tourist destination, was facing severe pollution due to the discharge of untreated sewage and other pollutants from nearby hotels and resorts. The Kerala State Pollution Control Board (KSPCB) took action against the polluting hotels and enforced the standards laid down in the Water (Prevention and Control of Pollution) Act, ensuring that the lake remains safe for tourists and the environment.
Conclusion:
Environmental laws and regulations play a critical role in regulating tourism activities and ensuring that they are conducted in an environmentally sustainable manner. These laws and regulations protect natural resources, habitats, and wildlife, and ensure that the negative impacts of tourism on the environment are minimized. It is important for governments and the tourism industry to continue to work together to ensure that tourism activities are conducted in an environmentally sustainable manner, so that future generations can also enjoy the beauty and diversity of the world's natural resources. Through the implementation and enforcement of these laws, India can continue to develop its tourism industry while safeguarding its natural resources and protecting the environment for future generations. The examples provided demonstrate the crucial role that environmental laws play in preserving and promoting sustainable tourism practices in India.
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