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LEGAL REGULATION OF MASS TOURISM: CASE STUDY ON BALANCING ECONOMIC BENEFITS, SUSTAINABLE GROWTH AND THE PRESERVATION OF LOCAL CULTURE AND HERITAGE

Jean-Christophe Gay () and Katarina Bjelić
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Jean-Christophe Gay: URMIS - Unite de recherche migrations et sociétés - UNS - Université Nice Sophia Antipolis (1965 - 2019) - Institut de recherche pour le développement [IRD] : UR205 - CNRS - Centre National de la Recherche Scientifique - UPCité - Université Paris Cité - UniCA - Université Côte d'Azur
Katarina Bjelić: Singidunum University

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Abstract: This paper examines the phenomenon of tourismophobia, understood as a sociocultural reaction to excessive tourism, and analyses the legal responses across different jurisdictions. By analysing urban regulations, constitutional rights, administrative law, and international environmental obligations, the paper focuses on the legal mechanisms that balance the right to mobility with the need to protect local communities and ecosystems. Using case studies from European cities such as Barcelona, Venice and Amsterdam, where legal restrictions have been implemented regarding short-term rentals, cruise ships and public behavior, the paper explores the legal challenges and consequences associated with excessive tourism. The paper highlights how well-defined laws can contribute to more effective tourism management by creating a legal framework that not only regulates tourism activities but also protects the rights of local communities to housing, a quality environment and the preservation of cultural identity. The legal response to tourismophobia must be comprehensive, addressing the economic, social, and ecological dimensions of tourism. By regulating short-term rental platforms such as Airbnb and Booking.com, as well as imposing limits on the number of cruise ships or days on which properties can be rented to tourists, it is possible to mitigate the negative effects of excessive tourism. Furthermore, the adoption of clear and transparent laws that integrate international environmental standards can contribute to the sustainable development of tourist destinations. In conclusion, the paper suggests that the proper definition of legal frameworks and the implementation of legislative measures can be crucial in addressing the issues of mass tourism, enabling a balance between economic benefits and the rights of local populations to a healthy living space and the preservation of cultural heritage.

Date: 2026
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Published in International Scientific Conference "'Justice, Security and Human Rights" ' (ICJSHR-LFUL 2025), Luarasi University, 2026, Tirana, Albania. pp.510-525

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