Commentaries On Draft Convention On Co-Operation And Access To Justice For International Tourists

Draft Convention on Co-Operation and Access to Justice for International Tourists,which is an international document aiming to protect international tourists,was submitted to the Hague Conference on Private International Law by Brazilian government in January,2015.The right of information,the cooperation of central and competent authorities,non-discrimination principle in access to justice,emergency assistance,multiple dispute resolution mentioned in the convention might deepen the cooperation of various countries to protect cross-border tourists,strengthen the confidence of foreign tourists and promote the development of global tourism.With the continuous growth of comprehensive national power,especially the in-depth construction of One Belt and One Road Initiative,the number of outbound tourists,inbound tourists and cross-border tourists is increasing year by year,thereby improving the protection level of international tourists undoubtedly serves as strong guarantee for the prosperity of tourism industry along One Belt One Road.China.however,is not well-prepared for the emerging global challenges due to the lack of sufficient attention and protection,which might lead to predicament when international tourists seeking remedies in the future.Hence,China should hold a positive support towards the draft convention,draw lessons from the beneficial experiences and systems to improve domestic legislation on tourist protection and offer more valuable suggestions on the further perfection of this draft convention.The first part of the thesis introduces the background of this draft convention.Beginning from the evolution and development of international tourism law legislation in international,interregional and domestic level,followed by the motivations of the draft,which is the specificity of international tourist-consumer,the popularization of mass tourism,the participation of developing countries,the influence of internet on tourism industry and the lack of binding international document,this part finally compare the differences with Convention on the Protection of Tourists and Tourism Service Providers drafted by UN World Tourism Organization in respect of drafting organization,protective subject,the scope of dispute and executive organ.The second part of the thesis elaborates on the primary rules and systems,and furnishes specific suggestions on further perfection.Firstly,regarding the definition about the subjects of tourism activities,24 hour could be the minimum requirement when defining international tourist.Subjects,like Seller and supplier,should be defined separately,instead of sharing the same definition.In respect of the right of information,which is the lightspot of the draft convention,it is vitally critical in information age to protect tourists' information and also provide relevant information to them,in addition to clarifying the term,the draft convention should also reserve the stipulations on information sharing,information exchange and public policy.Secondly,concerning the cooperation system of central and competent authorities,the draft convention embodies more of succession,whereas the innovation lies in that the function of central authorities has been expanded to the extent that they can represent the tourists to initiate proceedings or continue complaint procedures in the country of destination.Having considered the 1980 Hague Convention of International Access to Justice,the stipulation on access to justice is limited to non-discrimination principle,as for how to determine the financial situation of tourists and how to bear the costs,much need to be learned from other international or interregional legal documents.Thirdly,the former two versions had stipulated application in the event of emergencies,which should be reserved.Meanwhile,the draft convention shall distinguish between force majeure and emergency situation,expand the protection scope to self-service tourist,and draw up the Multilanguage Model Form on Emergency Assistance.Lastly,on multiple dispute resolution,which comprises small claim court,alternative dispute resolution in this draft convention,however,another form,online dispute resolution,is not mentioned,which is especially significant in Internet Era,with the emergence of E-Tourism.Noticeably,multilingual complaint model form is particularly characteristic and operational,worthy of promotion by countries.The third part of the thesis recommends that China should support and promote the passage of this draft convention,based on the fact that our country is the primary state of origin and state of destination for international tourists,the late start of domestic tourism legislation and the significance of protecting cross-border tourists under One Belt One Road Initiative.At the same time,what has been stipulated in this draft convention can be borrowed to perfect domestic law,for instance,tourism law might add the definition on tourists and the right of information.Besides,the cooperation system of central and competent authorities needs to be improved,while the predicament existed in the process of legal aid is supposed to be tackled.