Tourism development and adaptation to climate change through legal constraint

Abstract

Purpose This paper aims to present a legal study addressing the way in which tourism development and planning in mountain areas can be adapted to climate change issues. It gives examples of attempts to regulate such development by law. Recent legislation in France has created new obligations targeted at ski resort managers. Urban planning and tourism development are key topics of the new French Mountain Act (law of 28 December 2016). The law moves back and forth between two goals, economic development and the protection of nature, and it is sometimes difficult to understand the general coherence of the text. Nevertheless, two significant new legal elements can be highlighted. Planning policies in mountain areas have to take climate change issues into account in the process of authorising major tourism building projects. Moreover, for the first time, the law requires obsolete ski lifts to be dismantled when they are no longer in use. Of course, although these measures are only legally theoretical at the moment, they represent important progress and are initially relevant to many ski resorts affected by global warming, especially in low-altitude mountain areas. Many of these are already experiencing a lack of snow, and a new economic model needs to be drawn up. Design/methodology/approach This paper is based on a review of French laws having an effect on mountain areas’ adaptation to climate change. Findings This paper presents two innovations included in the new French Mountain Act (law of 28 December 2016). Originality/value This paper underscores problems emanating from global warming in mountain areas. Some ski resorts are facing a lack of snow. The main issue is to anticipate the fact that many ski lifts, or other structures or buildings created for the snow economy, could become obsolete. Legal tools can provide a solution by forcing administrations or operators to be cautious when making decisions relating to new tourist investments, and to dismantle obsolete ski lifts.

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