Legal Education in the careers of Tourism

Introduction

We are of the idea that tourism represents a lot for the strategic development of any state. We believe that dissemination and awareness must be present in both the formal and non formal education, that which we will work to the subject of legal education at the top level and aimed at students of Tourism.

From a historical perspective is not wrong to say that tourism programs in Latin America in general and in our country in particular are more or less recent and therefore their thinking is, from a scientific point of view in its infancy. As recently is that the UBA has not been able (or unwilling, or have left) include a university academic offer. The first dilemma of tourism career (still under discussion) has been whether to bring a degree in Tourism Hospitality contain knowledge, or is treated as two different degrees with a common, not the subject of this elucidate such a puzzle, but it is important to emphasize since it directly affects the content of the legal matters to these provisions.

It is also clear that other prior to any discussion and for market reasons the universities, were faced with the choice of bringing their faculties or departments of careers related to the hospitality industry. The second question then was: Where? So some universities, opted for a humanist perspective and added them to their social science faculties. Others, from a more technical bent to attach them to your department of Demography, or the Department of Geography. The latest decided to create autonomous departments or schools, other location subjected to structural causes. And finally, there were institutions that from a performance closer to business locations in the field of economics, a situation which incidentally coincides with the political definition of our country.

But if it was a problem locating the Bachelor of Tourism career within a School, was no less problematic to place a matter of law within the respective degrees (in Hospitality and / or Tourism)

Since the beginning of curricular wont be seen as obvious, that no matter could be absent legislation to complete the vision of the future professional, with the sector's regulatory framework. And while, with some success, it is generally agreed that this knowledge should be located in the last or before last year's race is not always worked on the key issues that should be based on every subject, namely: What is taught?, How do you teach? and What is taught?.

Hence, until recently it was not unusual to take any college program and verify that the same themes were a kind of civil law course, summarized and accelerated with some references to the laws of hospitality and travel agencies. Nothing more contradictory or away from the content, skills and values ​​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 how or why, that the content you put the lawyer's dictation? and that's how we saw the absurdity of seeing tourism students trying to figure out the extent of the right holders within a complex sequence, or questioning the differences between divorce and separation of fact and other lindeces on. The experience and raised, needless to say has been frustrating for everyone.

Not difficult to think that this problem could have been avoided if they had taken as a reference similar educational experience and proven, such as the teachers of law in economic science degrees and back that long ago had to work overcoming such obstacles the sake of an integrated vision.

The law is not a panacea that will solve all the ills of the sector, however tempered, modules, channels, and in this sense, it is a crosscutting activity such as tourism, it is good that the matter is at the end academic training. The right will lock motor or build according as we know all citizens participate in it.

What is taught?

Passed the stage of diagnosis is two questions: 1) Is there an art to which we can call "Tourism Law? or simply we are facing one of the many activities that require a certain specific regulation. And then 2) From what content it should from the posing of the matter?

To the first question some authors, (following the line of thinking certainly Saxon Travel Law) risked the first hypothesis by focusing on the actor "travel agent? as the main generator of new contractual arrangements, and Puig and Vitta could assert the existence of a "... Tourism Law that does not feel fit into the traditional mold of a civil or commercial law and is only partially picked up by the right of navigation on both air and sea species.?, However we believe that to define the autonomy of a branch of law is necessary to discover whether the principles underlying it are original axiologically to constitute a legal construct systematic, complete and closed, making it unnecessary to resort to the beginning of another branch.

As can be seen the debate, which is still open, beyond a vague desire academicism, since according to opt for one position or another condition also curriculum development.

The second question also had dissimilar responses;

1) some understood that they had to assume that students had or should have a solid civic education that would jump right into the different meanings of law;

2) while others argued that this was what "should be? was not what was perceived in the classroom and therefore the proposal was "back? knowledge that would frame the activity. That is, bad I can develop and present the subject of "law? when the student lacks the basic notions of "state?" nation?, etc. ..

3) a minority (perhaps under pressure from a limited workload for academic curricular needs) was inclined to go straight to the core content, perhaps mentioning the process but leaving left to the initiative of student work to rebuild or incorporate basic concepts.

How do you teach?

Saving the pedagogical debate here about whether or not the content determine the methodology, if you admit that at least the condition. Three are at the discretion of the factors contributing to the way we teach:

A) The teacher training material delivered by lawyers have strengths and weaknesses of their training as specialized courses on tourism and law are few, if not nil, unable to logically meet this demand with foreign proposals are obviously in line to the legislations of the countries own suppliers.

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

1) From the macro-level variables that may be:

i. "Workload?,

ii. "Incumbents?,

iii. "Level? (University or Tertiary College) will act to filter and selection in establishing curricular priorities and

iv. "Location? career on the faculty or department from which it depends. Put another way: if a degree in tourism depends on a department or faculty of Natural Sciences for the contents of the materials in general and the particular legal may be different from one that depends on a department or faculty of Economics.

2) "The institutional culture? also provides that the matter can not (or should not) be treated as a watertight compartment, but rather articulated as other gear that are key to the overall interpretation of the problem. So Tourism Policies, Social Tourism, Planning, etc.. feed and feed regulations.

C) the political. Programs can not be a mere laboratory production, or the result more or less lucid experience two or three professionals. They must be itself a scientific and academic production but that reflects and is framed within the broader contours of a serious policy proposal, to give the real sector rather than "state policy?, Well above the cyclical declamations and in harmony with the directives of the WTO to which we are incorporated.

In short: Strategies in practice we have observed are varied and deserve to be considered without dogmatism, as follows:

1) Many European programs in general and Spanish in particular, have treated the matter from the different branches of law, so it is not rare to find in front of a "Tourism Private Law? or "Tourism Public International Law?, etc..

2) In our country, following the tradition of our writers some have made a general and a special, that is to say that while the former is dictated by the founding concepts of matter in the second points to the specific issues (hotels, agencies , etc.).

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

4) But as it is a problem to know where one starts, so is knowing how far you get. Some proposals has been the incorporation of complex business topics such as the "Timeshare?, That although they are closely linked to the phenomenon of tourism, it is no less than legal considerations require longer to be understood in its all. In others it has viewed with concern the absence of songs like "Natural and Cultural Heritage? to understand that these "excess? required for vocational training, a view with which we beg to differ on the grounds that it is one of the axes of the field where exactly add up all notions of "sustainability?.

What is taught?

The first in intention is the ultimate in performance, the ancients said. The response to what generally is answered in what some educators call "goals?, However most times the wording is so open and general often ambiguous can accuse me of.

Who makes the first scenario? Who sets the goals for each subject?: University how? Agreed with the teacher, with the specialist (or at least should) where? In the first area plan and the general concern then why? by delegation.

Legislative technique with questionable law 24,521 Higher Education in Art 42 to talk about "skills? delegates the setting of these in the universities. This has produced a coven of overlaps with other disciplines (eg guides) or confusion (eg between BA in Tourism and Bachelor in Hotel Management) difficulties that could only find its limit if the race was declared a "public interest? . This status requires both the Ministry of Education and the University Council to determine the justified concerns of career professionals concerned. Giving, part CONEAU (National Assessment and Accreditation) in the corporate scorecard, thus distorting academic offerings will spoil and add value to the profession from those proposals that have the minimun required quality. (That is why, despite the burden that this private state supervision, several universities have been struggling for the race is declared "public interest?)

Verbally expressed more or less common goals (neither exclusive nor excluding) arising from the various programs are:

Cognitive:

1) Master the basics of law.

2) To relate the different social types with the legal frameworks of any enterprise

3) analyze case law cases

Procedural:

4) Diagnose the liability regime to particular situations

5) Decide whether to appeal to the judicial system and / or alternative systems of dispute resolution.

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

Evaluative

7) Taking an interest in natural and cultural heritage

8) Interdisciplinary

9) Respect for rules

Across the bank, students also have their perception of the different answers to this question. In annual surveys we may run courses (always significant) are giving us some clues:

A) For life

B) To complete my professional training,

C) To determine when I need a lawyer or not,

D) To have another management tool,

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

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

Our Approach

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

 We must speak of a law applied to tourism from a multiplicity of actors;

 You should meet some real gaps students typically "crawl? the polymodal and therefore this requires an hourly average;

 To the extent that there is possibility to invest in research to develop the contents of the subject.

 It is necessary to generate academic forums and a range of courses that allow teachers to complete the training required by lawyers for the purpose of providing a multidisciplinary approach;

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

 What to propel the career of Bachelor of Tourism as the "public interest? prioritizing their educational and clearing the gray areas of his "skills?