Global Code of Ethics im Wortlaut und die Verbesserungsvorschläge
WORLD TOURISM ORGANIZATION
GLOBAL CODE OF ETHICS FOR TOURISM (1st draft)
(Stand 1.10.1999)
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[IN ECKIGEN KLAMMERN]: Änderungsvorschläge der TEN-Mitglieder und TeilnehmerInnen des Riedberg-Seminars
[IN BRACKETS]: Detailed proposals for amendments of the present draft by the TEN-members and the participants of the Riedenberg-Seminar
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We, the representatives of the States, bodies, enterprises and institutions, Members of the World Tourism Organization (WTO), gathered for the General Assembly in Santiago, Chile on this 1st day of October 1999,
Recalling the principles of the Universal Declaration of Human Rights;
Reasserting the aims set out in Article 3 of the Statutes of the World Tourism Organization, and aware of the central and decisive role of this Organization, as recognized by the General Assembly of the United Nations, in promoting and developing tourism with a view to contributing to economic development, international understanding, peace, prosperity and universal respect for, and observation of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion;
Firmly believing that, through the direct and non-intrusive contacts it engenders between men and women of different cultures and lifestyles, tourism represents a vital force for peace and sustainable development and a factor of friendship and of understanding among the peoples of the world;
In keeping with the (drop: tendency) [replace with: REQUIREMENT] to reconcile environment, economic development and the fight against poverty in a sustainable manner, as formulated by the United Nations in 1992 at the ‹Earth Summit› of Rio de Janeiro, and expressed in Agenda 21, adopted on this occasion;
Taking into account the swift and continued growth, both past and foreseeable, of tourism activity, whether for reasons of leisure, business, religion or health, and its powerful effects, both positive and negative, on the economic, social, cultural and educational sectors of countries and on international relations and exchanges;
Aiming to promote responsible, sustainable and universally accessible tourism in the framework of the right to leisure and travel, and in respect of the choice of society of all peoples;
Convinced that, provided a certain number of principles are observed, responsible and sustainable tourism is not at all incompatible with the growing liberalization of the national and international conditions and rules which guide the conduct of enterprises in the sector, as undertaken in the framework of the General Agreement on Trade in Services of 15 April 1994;
Equally convinced that the world tourism industry as a whole has a lot to gain by moving in an environment which favours freedom of enterprise, investment and trade, and which serves to maximize its beneficial effects in terms of creating activity and employment;
Considering that all the actors in tourism development -national and local administrations, tourism enterprises and bodies- but also the host communities, the workers engaged in tourism and tourists themselves, have different albeit interdependent roles in the individual and social development of tourism and that the definition of their individual rights and duties will contribute to meeting this aim;
Concerned with promoting a real partnership between all the public and private actors in tourism development, in keeping with the aim pursued by the World Tourism Organization since adopting resolution 364(XII) at its General Assembly of 1997 (Istanbul);
With the aim of following up on the Manila Declarations of 1980 on World Tourism and of 1997 on the Social Impact of Tourism, and the Tourism Bill of Rights and the Tourist Code adopted in Sofia in 1985 under the aegis of WTO, but believing that these instruments should be (completed) [COMPLEMENTED] by a set of interdependent principles on the basis of which the main actors in tourism development should regulate their conduct at the dawn of the 21st century;
(state our wish to promote responsible and sustainable tourism in the context of an open and competitive international market economy, and) [STATE OUR WISH TO PROMOTE RESPONSIBLE TOURISM SO THAT IT CONTRIBUTES TO JUST AND SUSTAINABLE DEVELOPMENT BY INVOLVING ALL SECTIONS OF SOCIETY IN THE PROCESS OF ASSESSING DEVELOPMENT STRATEGIES AND OF SHARING THE BENEFITS FROM TOURISM ACTIVITIES]
solemnly adopt to this end the Global Code of Ethics for Tourism.
I. Principles
Article 1
(1) The understanding and respect of the diversity of cultural values, and of religious, philosophical and moral beliefs are both the condition for and the consequence of tourism; the actors in tourism development and [THE] tourists themselves are duty-bound to observe the social and cultural (traditions) [RIGHTS] and practices of all peoples, including (national) [ETHNIC] minorities and indigenous peoples;
(2) tourism activities shall be conducted in harmony with the attributes and traditions of the host regions and countries, and in respect for their laws, habits and (customs) [VALUES];
(3) (the host communities and local professional actors shall acquaint themselves with and respect the tourists who visit them and find out about their lifestyles, tastes and expectations) – OMIT;
[(3)] when visiting other places, tourists shall [BE BOUND TO] refrain from any criminal or wrongful act [SUCH AS THE EXPLOITATION OF PEOPLES IN THE HOST COMMUNITIES, IN PARTICULAR CHILDREN AND WOMEN, DRUG TRAFFICKING, SMUGGLING OF RARE AND COMMERCIALLY PROFITABLE SPECIES, ARTEFACTS, ANTIQUES, AND FROM] (or) any conduct which is considered to be shocking or injurious to the local populations;
Article 2
(1) Tourism, the activity most frequently associated with rest and relaxation, sport and access to culture, should be planned and practised as a factor of individual and collective fulfilment; when practised with (a sufficiently open mind) [ALL DUE RESPECT], it is an irreplaceable factor of self-education, mutual tolerance and for learning about the (legitimate differences between) [DIVERSITY OF] peoples and cultures;
(2) tourism activities shall aim to promote human rights and, more particularly, the individual rights of the more vulnerable groups, notably women, children, the elderly or handicapped [, ETHNIC MINORITIES AND INDIGENOUS PEOPLES];
(3) the exploitation of other people in any form, notably sexual, breaches the fundamental rights of (tourism; it is not a deviation of tourism, but the negation of tourism and, as such,) [INDIVIDUALS AND] shall be strictly prohibited and penalized;
Article 3
(1) Following the guidelines set out in Agenda 21, all the actors in tourism development are duty bound to safeguard the natural environment [AND RESOURCES OF LIVELIHOOD] in the perspective of continued and sustainable development geared to satisfying equitably the needs and aspirations of present and future generations;
(2) forms of tourism development which are conducive to saving [SCARCE AND PRECIOUS RESOURCES,] energy and reducing waste production shall be given priority and financially encouraged;
(3) the staggering in time and space of tourist flows, particularly those generated by paid holidays and school holidays, shall be promoted in such a way as to reduce the pressure of tourism activity on the environment;
(4) tourism infrastructures and activities shall be designed in such a way as to protect and ensure the protection of the ecosystem and biodiversity, and to preserve endangered species of wild fauna and flora;
(5) nature tourism and ecotourism (are recognized as being particularly conducive to enriching and enhancing the standing of tourism) [CAN CONTRIBUTE TO SUSTAINABLE DEVELOPMENT], provided they (respect natural environments and) [ARE REALIZED WITH THE INFORMED PARTICIPATION OF HOST COMMUNITIES AND UNDER THE GUIDANCE OF LOCAL INHABITANTS WHO ARE THE EXPERTS OF THEIR OFTEN FRAGILE ENVIRONMENTS, AND ACCORDING TO STRINGENT GUIDELINES RESPECTING NATURAL RESOURCES,] the carrying capacity [, AND THE CULTURAL ASSETS] of the sites visited;
Article 4
(1) Tourism resources [BELONG TO THE COMMUNITIES IN WHICH THEY ARE LOCATED, AND] are part of the common heritage of mankind;
(2) tourism policies and activities shall be conducted with respect for the artistic, archaeological, cultural and monumental heritage of countries, which they should contribute to identifying, protecting, enhancing and passing on to future generations; particular care shall be devoted to preserving and enhancing monuments and museums which (are a magnet for) [ATTRACT] tourists; public access to privately-owned cultural goods and monuments shall be encouraged;
(3) the resources derived from visits to cultural sites and monuments shall, at least partially, be used for (the) [THEIR] upkeep (and embellishment) [AND THE DEVELOPMENT OF LOCAL TECHNIQUES, MATERIALS AND ARTISANS FOR CONSERVATION] of this heritage;
(4) tourism activity shall be planned in such a way as to allow traditional cultural products, crafts and folklore to survive and flourish, rather than causing them to degenerate and become standardized;
Article 5
(1) Local communities and populations are associated with tourism activities and shall participate [EQUITABLY] in the economic, social and cultural benefits they generate, and particularly in the creation of direct and indirect jobs resulting from these activities;
(2) tourism policies shall be (planned in such a way as) [ORIENTED AND TAILORED TO THE NEEDS OF THE LOCAL HOST POPULATIONS IN ORDER] to contribute to improving (the) [THEIR] standard of living (of the populations of the regions visited); [TOURISM PLANNING SHALL TAKE ACCOUNT OF ALL THE ECONOMIC, SOCIAL, CULTURAL AND ENRIONMENTAL ASPECTS AND THE POTENTIAL DRAWBACKS OF THE DEVELOPMENT OF TOURISM]; tourism resorts and accommodation shall be planned and (run) [MANAGED] in such a way as to integrate them (, to the extent possible,) in the local economic and social fabric; (where skills are equal,) [TRAINING SHALL BE PROVIDED TO ALLOW FOR] priority (shall) [TO] be placed on using local labour;
(3) special attention shall be paid to the specific problems of island countries or territories and to fragile rural zones, for which tourism often represents a (rare) [IMPORTANT COMPLEMENTARY] opportunity for development (in the face of the decline of traditional economic activities);
Article 6
[(1)] TOURISM PROFESSIONALS, INCLUDING INVESTORS, AND TOURISM AUTHORITIES HAVE AN OBLIGATION TO ESTABLISH FULL TRANSPARENCY ON DEVELOPMENT SCHEMES AND MASTERPLANS, AND TO GUARANTEE THE INFORMED PARTICIPATION OF ALL SEGMENTS OF LOCAL POPULATION AT ALL LEVELS OF DECISION MAKING, PLANNING AND IMPLEMENTATION OF TOURISM DEVELOPMENT;]
[(2)] Tourism professionals (have an obligation to) [SHALL] provide tourists with reliable information on their place of destination and on the conditions of travel, hospitality and sojourns; they shall ensure that the contractual clauses proposed to their clients are readily understandable with regard to the nature, price and quality of the services they commit themselves to providing and their financial compensation in the event of any claims against the contract;
[(3)] tourism professionals, (insofar as it depends on them) [IN COOPERATION WITH THE CONCERNED AUTHORITIES], shall guarantee security and safety, accident prevention, health protection and the food safety of those who seek their services [AND OF THOSE WHO PROVIDE THE SERVICES]; they shall develop specific systems of insurance and assistance; they shall accept the obligation to be held liable;
[(4)] the public authorities of the generating countries and the host countries shall ensure that these rules are established and respected by tourism professionals, and shall (repatriate) [ASSIST] tourists in the event of a serious default on their part;
[(5)] the press, particularly the specialized tourism press, shall contribute to supplying the consumers of tourism services with accurate and reliable information;( new information technologies shall also be developed and used to this end;)
Article 7
(1) Special attention shall be paid to guaranteeing the fundamental rights of salaried and free-lance workers [,ESPECIALLY WOMEN,] engaged in tourism and connected activities, (including their social welfare, bearing in mind the specific constraints they are subject to and the flexibility required of them by virtue of their jobs) [AS A MINIMUM AS SET OUT IN THE CORE STANDARDS OF THE INTERNATIONAL LABOUR ORGANIZATION (ILO), INCLUDING THE NEW CONVENTION AGAINST THE MOST INTOLERABLE FORMS OF CHILD LABOUR];
(2) workers engaged in tourism are entitled and bound to acquire appropriate initial and continuous training;
(3) workers engaged in tourism shall be protected against financial or social exploitation under the control of the national and local administrations both in their countries of origin and in the host countries; (so far as possible,) job insecurity should be kept to a minimum; a specific status should be offered to seasonal workers in the tourism sector;
(4) all individuals and legal entities shall be entitled to develop a professional activity in the field of tourism within the framework of existing national laws;
Article 8
(1) The universal right to tourism is the consequence of the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay, guaranteed by Article 24 of the Universal Declaration of Human Rights and Article 7.d of the International Covenant on Economic, Social and Cultural Rights;
(2) social tourism, and notably associative tourism, which facilitates widespread access to leisure and holidays, should be encouraged and developed;
(3) family, youth and student tourism, and tourism for the elderly and the handicapped should be facilitated;
Article 9
(1) Tourists and workers engaged in tourism, salaried or otherwise, shall benefit, in compliance with international and national legislation, from the liberty to move freely within their country and from one state to another, in compliance with Article 13 of the Universal Declaration of Human Rights; they shall have access to places of transit and sojourn and to tourism and cultural sites without being subject to meaningless formalities or discrimination;
(2) tourists and workers engaged in tourism are entitled to have access to all available forms of communication, internal or external; the safety of their persons and the security of their belongings should be guaranteed; they shall benefit from prompt and easy access to local administrative, legal and health services; they may freely contact the consular representatives of their countries of origin in compliance with the diplomatic agreements in force;
(3) administrative procedures relative to border crossings, such as visas, and health and customs formalities shall be designed in such a way as to facilitate to the maximum freedom of travel and widespread access to international tourism [EQUALLY FOR ALL INHABITANTS OF THIS PLANET];
Article 10
(1) The public and private actors in tourism development shall commit themselves to cooperating in the implementation of these principles and to monitoring their proper application [BY DEVELOPING PUBLICLY AVAILABLE CODES OF CONDUCT AND PRECISE GUIDELINES FOR THEIR SPECIFIC ACTIVITIES];
(2) the actors in tourism development shall recognize the role played by international institutions and non-governmental organizations [,] whose activities are related to tourism, human rights and environmental protection [,ESPECIALLY BY SEEKING THEIR ADVICE AND ASSISTANCE FOR THE APPLICATION AND THE MONITORING OF THESE PRINCIPLES];
(3) the same actors shall agree to refer any disputes concerning the interpretation or application of this Global Code of Ethics for Tourism to an impartial third party in the conditions defined hereinafter;
II. Implementation of the principles
Article 11
The actors in tourism development – national and local tourism administrations, tourism enterprises and bodies – the host communities, [AND THE ]workers engaged in tourism (and tourists themselves) shall respect the principles embodied in this Code and implement them in accordance with the provisions set out in this section and in Section III hereafter;
Article 12
The principles embodied in this Code are interdependent in their interpretation and in their application and each one should be understood on the basis of the others;
Article 13
On interpreting and applying the principles embodied in this Code, the following instruments shall be taken into account:
-Warsaw Convention of 12 October 1929;
-Chicago Convention on international civil aviation of 7 December 1944, and the Tokyo, Hague and Montreal Conventions in relation thereto;
-Universal Declaration of Human Rights of 10 December 1948;
-International Covenant on Economic, Social and Cultural Rights of 16 December 1966;
-International Covenant on Civil and Political Rights of 16 December 1966;
-Convention for the protection of the world cultural and natural heritage of 23 November 1972;
-Manila Declaration on World Tourism of 10 October 1980;
-Tourism Bill of Rights and Tourist Code of 26 September 1985;
-Convention on the Rights of the Child of 26 January 1990;
-Rio Declaration on the Environment and Development of 13 June 1992;
-General Agreement on Trade in Services of 15 April 1994;
-Resolution of the Eleventh General Assembly of WTO (Cairo) on the prevention of organized sex tourism of 22 October 1995;
-Stockholm Declaration of 28 August 1996 against the Commercial Sexual Exploitation of Children;
-Manila Declaration on the Social Impact of Tourism of 22 May 1997;
[ADD:
THE ILO "CORE" CONVENTIONS:
Nos. 87 (1948) AND 98 (1949) ON FREEDOM OF ASSOCIATION AND COLLECTIVE BARGAINING,
Nos. 29 (1930) AND 105 (1957) ON FORCED LABOUR,
Nos. 100 (1951) AND 111 (1958) ON EQUALITY OF TREATMENT AND NON-DISCRIMINATION,
No. 138 (1973) ON MINIMUM AGE FOR ADMISSION TO WORK AND THE NEW CONVENTION (1999) AGAINST THE WORST FORMS OF CHILD LABOUR
THE ILO CONVENTIONS Nos. 107 (1957) AND 169 (1991) ON INDIGENOUS AND TRIBAL PEOPLES
THE UN-CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (1979)
THE BEIJING DECLARATION AND THE PLATFORM FOR ACTION (1995) ]
Article 14
The procedures for applying the principles set out in Articles 6, 7, 9 and, where necessary, Article 10 of this Code shall be subject to guidelines which will clarify their contents. Prepared by the World Committee on Tourism Ethics [?], these guidelines shall be submitted to the Executive Council of WTO and proclaimed by the General Assembly. They shall be periodically reviewed and adjusted in the same conditions;
Article 15
All persons, whether individuals or corporate bodies, public or private, involved in any form of tourism activity shall [BE URGED TO] regulate their conduct in accordance with this Global Code of Ethics for Tourism. Although they are not legally bound to do so, member or non-member States of WTO are nonetheless urged to accept expressly the principles of this Code and to integrate them in their national laws. Likewise, tourism enterprises and bodies, whether WTO Affiliate Members or not, and their associations, are urged to include the provisions of this Code in their contractual instruments or make specific reference to them in their internal codes of conduct or professional rules [WHICH SHALL BE PUBLICLY AVAILABLE];
Article 16
WTO Member States shall publish and make known as widely as possible the Global Code of Ethics for Tourism, mainly by disseminating it among all the actors in tourism development and inviting them to give it broad publicity.
III. Evaluation and regulation of disputes
A. World Committee on Tourism Ethics [?]
[THE INTERNAL CONTROL, BY MEMBERS AND BODIES OF THE WTO, OF THE APPLICATION OF THE GLOBAL CODE OF ETHICS IS VERY IMPORTANT. THIS COULD BE THE TASK OF THE WTO REGIONAL COMMISSIONS.
FOR THE SAKE OF CREDIBILITY AND RELIABILTY OF THE CODE THERE NEEDS TO BE A FORM OF EXTERNAL IMPARTIAL MONITORING OF THE CODE. THIS CANNOT BE ASSURED BY GOVERNMENT OFFICIALS, WHO COULD BELONG TO WTO-MEMBERS, OR TO LEGAL ADVISERS ALONE. THIS CRUCIAL IMPARTIAL THIRD PARTY AS REFERRED TO IN ARTICLE 10 (3) COULD BE CONSTITUTED ON THE MODEL OF THE MULTI-STAKEHOLDER DIALOGUES FOR THE APPLICATION OF AGENDA 21.
THIS IMPARTIAL THIRD PARTY MIGHT BE CALLED "WORLD COMMITTEE ON TOURISM ETHICS". ITS CONSTITUENCY AND TASKS AS WELL AS ITS RELATIONSHIP WITH OTHER IMPLEMENTING AND MONITORING BODIES OF THE GLOBAL CODE OF ETHICS FOR TOURISM SHALL BE EXACTLY DEFINED HEREAFTER.
ANY REFERENCE MADE HEREAFTER TO THE ROLE AND THE COMPETENCES OF THE WORLD COMMITTEE ON TOURISM ETHICS, ITS SUB-COMMITTEE AND THE WTO REGIONAL COMMISSIONS SHALL BE REVISED IN ACCORDANCE TO THE ROLE AND COMPETENCES OF THE IMPARTIAL THIRD PARTY]
Article 17
A World Committee on Tourism Ethics [?] shall be created consisting of eleven independent government officials and eleven alternates, selected on the basis of their jurisdiction in the field of tourism and connected fields;
Article 18
The members of the World Committee on Tourism Ethics shall be appointed as follows:
– six members and six alternate members designated by the WTO Regional Commissions;
four members and four alternate members elected by the General Assembly of WTO from the representatives of the (tourism industry) [DIFFERENT STAKEHOLDERS] after conferring with the Committee of Affiliate Members;
– a chairman and an alternate chairman elected by the other members of the Committee, on the proposal of the Secretary-General of WTO;
On appointing these members, account shall be taken of the need for a balanced geographical composition of the Committee and for a diversification of the specific qualifications of its members, mainly from an economic, social and legal standpoint. The members shall be appointed for four years; their term may only be renewed once. In the event of a vacancy, the member who fails to appear shall be replaced by his alternate; if a member and his alternate fail to appear, the Committee itself shall fill the vacancy;
Article 19
The WTO Regional Commissions shall act, in the cases provided for in Articles 24 and 26 of this Code, as regional committees on tourism ethics;
Article 20
The World Committee on Tourism Ethics shall establish its own Rules of Procedure. The presence of two-thirds of the members of the Committee shall be necessary to constitute a quorum at its meetings; in the event that a member is absent, he may be replaced by his alternate; in the case of a tie, the chairman shall have the casting vote;
Article 21
The operating expenses of the Committee and the travel expenses and daily subsistence allowances of its members, who shall not receive any remuneration, shall be covered by a trust fund financed by the voluntary contributions of member States and by donations from private bodies, or, failing that, by the WTO budget;
Article 22
The World Committee on Tourism Ethics shall meet at least once a year and as often as necessary each time an urgent problem arises, notably for the purpose of settling disputes arising out of the application of the provisions of Section IIIB; in the event of any such petition, the chairman shall consult the other members as to the need to convene an extraordinary meeting;
Article 23
The functions of the World Committee on Tourism Ethics and the WTO Regional Commissions shall be the evaluation of the implementation of this Code and arbitration of disputes;
Article 24
On the basis of periodical reports submitted by Full Members, Associate Members and Affiliate Members of WTO, the WTO Regional Commissions shall, every two years, examine the application of the Code in their respective regions. They shall record their findings in a report addressed to the World Committee on Tourism Ethics. The reports of the Regional Commissions may contain suggestions to amend or increase the scope of the Global Code of Ethics for Tourism. The World Committee on Tourism Ethics shall summarize the reports drafted by the Regional Commissions and complete them with the information it has collected with the assistance of the Secretary-General and the participation of the Committee of Affiliate Members. This summary shall include, should the need arise, proposals to amend or increase the scope of the Global Code of Ethics for Tourism;
Article 25
The Secretary-General shall pass on the report of the World Committee on Tourism Ethics to the Executive Council together with his own observations. The Executive Council shall examine the report and submit it to the General Assembly with its own recommendations. The General Assembly shall decide what action to take with regard to the report and the recommendations thus submitted to it;
B. Methods of arbitration for the settlement of disputes
Article 26
(1) In the event of a dispute concerning the interpretation or application of the Global Code of Ethics for Tourism, (two) actors in tourism development
[WHY ONLY TWO – THERE COULD BE MORE ACTORS? WHO ARE THESE ACTORS? THERE MUST BE A PROVISION TO MAKE SURE THAT THIRD PARTIES WHO ARE NOT MEMBERS OF WTO AND THEREFORE AUTOMATICALLY BOUND TO THIS CODE CAN PUT A COMPLAINT TO THE BODIES OR USE THE DISPUTE SETTLEMENT AS SET OUT HERE?]
may jointly refer it to the World Committee on Tourism Ethics. If the dispute is between two actors belonging to the same region, the two parties may jointly refer to the competent WTO Regional Commission acting in its capacity as a Regional Committee on Tourism Ethics;
(2) The States and tourism enterprises and bodies (may) [MEMBERS OF WTO SHALL] declare that they accept (in advance) the competence of the World Committee on Tourism Ethics or of a WTO Regional Commission for any dispute concerning the interpretation or application of this Code, or for certain categories of dispute. In this case, the Committee or the competent Regional Commission shall validly be referred to unilaterally by the other Party to the dispute;
Article 27
When a dispute is first submitted to the consideration of the World Committee on Tourism Ethics, its Chairman shall appoint a sub-committee made up of three members who shall be responsible for examining the dispute;
Article 28
The World Committee on Tourism Ethics to which a dispute has been referred shall reach a decision on the basis of the report drafted by the Parties to the dispute. The Committee may ask these Parties to submit additional information and, if deemed useful, may listen to them at their request. The expenses incurred by this hearing shall be borne by the Parties unless circumstances arise that are assessed (as exceptional) by the Committee [SUCH AS INDIVIDUAL LOCAL EMPLOYEES OR COMMUNITY MEMBERS DIRECTLY AFFECTED]. The failure of one of the Parties to appear shall not prevent the Committee from making a ruling;
Article 29
Unless otherwise agreed by the Parties, the World Committee on Tourism Ethics shall announce its decision in the six months following the date on which it was referred to. It shall present its conclusions to the Parties by way of recommendations which shall form the basis of a settlement. The Parties shall immediately inform the chairman of the Committee that has examined the dispute of the action they have taken on these conclusions;
Article 30
In the event of a dispute being referred to a WTO Regional Commission, it shall announce its decision by following the same procedure, mutatis mutandis, as the one applied to the World Committee on Tourism Ethics when it announces a decision in the first instance;
Article 31
If, two months after notification of the conclusions of the Committee or of a Regional Commission, the Parties are unable to agree on the terms of a final settlement, the Parties or one of them may refer the dispute to a plenary session of the World Committee on Tourism Ethics. When it is the World Committee on Tourism Ethics that has made a ruling in the first instance, the members of the sub-committee which examined the dispute may not take part in this plenary session, but shall be replaced by their alternates; if these were initially on the sub-committee, the members whom they replaced shall not be prevented from participating in the plenary session;
Article 32
The plenary session of the World Committee on Tourism Ethics shall make its ruling, mutatis mutandis, by following the procedures set out in Articles 28 and 29 above and shall formulate the final conclusions for the settlement of the dispute;
Article 33
Full Members, Associate Members and Affiliate Members of WTO as well as States [WHICH] are not Members of WTO, (may) [SHALL BE URGED TO] declare that they accept in advance as fully binding and, where applicable, subject to the sole condition of reciprocity, the final conclusions of the World Committee on Tourism Ethics in the disputes, or in a private dispute, to which they are party. Likewise, the States (may) [SHALL BE URGED TO] accept as fully binding or subject to exequatur the final conclusions of the World Committee on Tourism Ethics regarding the disputes to which their nationals are party or which should be applied in their territory;
Article 34
Tourism enterprises and bodies (may) [SHALL] include in their contractual documents a provision making the final conclusions of the World Committee on Tourism Ethics fully binding in their relations with their co-contractors.
