Escolar Documentos
Profissional Documentos
Cultura Documentos
Project submitted to
Dr. Azimkhan B. Pathan
Project submitted by
Ayushi Dwivedi
Roll no. 47
Section-A, Semester-IV
Submitted on- 18/02/2015
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
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
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-tourism10-12
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 Solutions20
15. Conclusion...21
16. Bibliography22
LIST OF ABBREVIATIONS
1. &
And.
4
For Example.
3. etc.
Etcetera.
4. i.e.
That is.
5. Edn.
Edition.
6. SC
Supreme Court.
7. SCC
8. AIR
TABLE OF CASES
S.N
Citation
Pag
e
No.
1.
14
2.
13
3.
16
4.
16
5.
16
6.
16
7.
14
13
Pradesh
8.
9.
16
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
I. INTRODUCTION
Tourism is one of the worlds 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
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
sites 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 Economys Silver Lining: TwentyFifth Annual Conference, pp. 22-29.
Colorado, USA: Travel and Tourism Research Association, October 1994.
10
and
provides
set
of
methodologies,
solutions
and
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
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
TYPES OF ECO-TOURISM
OBJECTIVES OF ECO-TOURISM
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 Peoples Chronicle
14
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
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
19
25 Barbara Jones and Tanya Tear, Australias National Ecotourism Strategy, Industry and Environment,
(UNEP), January - March 1995, p.55.
26 Ibid.
21
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
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
Wood, Megan Epler. Ecotourism: Principles, Practices & Policies for Sustainability,United
2. BOOKS
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
5. WEBSITES
www.incredibleindia.org
www.jstor.org; www.unwto.org
24