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schemes in all sectors of tourism, come under the
umbrella of business law.
legislation
SALAH E.A. WAHAB, EGYPT
The term `legislation' represents a method of
deliberately creating new law by state institutions
entrusted with the power to do so. Among the
reasons for the growing importance of legislation
during the past two centuries are the need for
greater complexity of governmental activities, the
need for certainty in the jurisdiction and decisional
norms of officials, the belief in equality of treatment
among citizens, and the desire to clarify rights and
obligations of individuals in the society.
Legislation includes the written constitution as
well as the various statutes and enactment of such
authority in a state. While the priority attached to
legislation used to vary between the civil and
common law orbits, such variation is gradually
losing its importance. The hierarchy of legislation
proceeds downward from the constitution to the
statutes to executive decrees by the president,
cabinet and various ministers. While legislation is
uttered by state bodies having power to create legal
norms in legislative form, case law is produced by
courts. Thus, the literary sources of legislation are
usually separated from case law. As Kelsen's theory
of law illustrates, a superior legislative norm
ordinarily contains power norms which authorises
officials to make subordinate legislation, and it
partly offers decisional norms which guide the
official in determining the content of the particular
norms to be made.
Legislation is undoubtedly necessary to regulate
the expanding government function and human
relations in modern states. Tourism has become
one the main societal preoccupations where
legislative norms and/or administrative directives
are indispensable to varying degrees in different
countries, depending on their political and economic
systems. In this respect, tourism's national
and local organisation, tour operators and
travel agencies, multiple types of accommodation,
various aspects of development and
promotional strategies, transportation, socio-
legislation, environmental 353
economic and environmental impacts, sustainability
and the application of Agenda 21 are some
of the many areas that require legislative and/or
executive enactment.
SALAH E.A. WAHAB, EGYPT
legislation, environmental
Nearly all legislation ± statutes passed by
parliaments and other laws �regulations, proclamations
and so on) promulgated under the same
authority ± has an environmental aspect. There is a
spectrum or hierarchy of environmental importance
according to which legislation can be ranked.
This can be illustrated with reference to Australian
legislation.
First, there are Acts of Parliament which have
an obvious environmental consequence, but the
main aim or purpose of which is towards some
other, often related area. An example is bushfire
control legislation, where the main aim is safety
and the bureaucratic arrangement of the fire
service or the highways and main roads Acts in
various parts of Australia. The primary responsibility
for most aspects of direct regulation of the
environment rests, under the Constitution, with
the States.
Typically, there is a core of legislation where the
central function is either to create an administrative
framework for the control of environmental
issues or to aim to deal with a critical environmental
issue directly. This core can be divided into
legislation dealing with specific topics. Planning
and development legislation creates a framework
for the implementation of urban and regional
planning, in particular the control of what type of
building �and other development) can take place in
any given area. Environmental review legislation
calls for heritage environmental impact statements
�EIS) and the less onerous public environmental
reports. Protection of national heritage
tends to be divided into legislation relating to
natural features �national parks and other
reserves, including wilderness), features created
by humans �buildings and movable items), native
flora and fauna and endangered species. Resource
legislation covers responsibility for legislative con