Document Type : Scientific Research
Author
Assistant Professor in Private Law, Social Sciences Faculty, Payame Noor University, Tehran, Iran.
Abstract
Special tourism zones have got abundant capabilities to attract indoor and outdoor investors and tourists. This situation has drawn attention of many countries to more and more development of these zones. Although in our country, Iran, special laws have been ratified for this subject, we have not seen any significant development in these zones yet. One of the effective factors of existing situation is the abundant legal vacuums and the unclear legal nature of contracts in these zones.
In this study, by introducing special zones and existing supports in our country, we try to investigate the legal supports and analyze the contractual nature of investment contracts of special tourism zones in other countries. We also try to analyze the possibility or impossibility of implementing the methods of public-private partnership in these zones. Due to the special characteristics of these zones and according to the existing laws, it seems possible to implement public-private partnership methods in these zones even though the existing laws needs to be amended.
Keywords
437 top areas of tourism have been crossed out. (20/8/2016). Asr Iran, visible at: asriran.com/fa/news/487957/437.
Ahmadi, Musa. (2013). “Public-Private Partnership: The Key to Financing Growth and Development and Implementation of Tourism Projects”. The First International Scientific-Applied Conference on Tourism Development of the Islamic Republic of Iran. Academic Center for Education, Culture and Research, Tourism Research Institute. (In Persian)
Akintoye, Akin. Matthias Beck. (2008). “Public private partnership”, School of the Built and Natural Environment, Glasgow Caledonian University, Managing Risks and Opportunities.
Allen Garth and Frank Brennan. (2004).
“Tourism in the New South Africa: Social Responsibility and the Tourist – London: Tourist.
Allen, Graham. (2001). “The Private Finance Initiative (PFI)”. Economic Policy and Statistics Section, House of Commons Library. 18 December.
AP John and John Cromptan. (1998). Development and Testing a Tourism Impact scale. Travel Research. 37. November.
Asian Development Bank. (ADB) (2008). Public Private Partnership (PPP) handbook. ADB Publishing. September.
Atazade, Saeed; Parsa, Elahe. (2012). “The Legal Nature of Time Ownership in American Law”, Knowledge of Civil Laws, Number 1 (Spring and Summer). (In Persian)
Badri, Sayed Ali and Yari Hesar, Arastu. (2009). “Selection of Tourism Sample Areas Using AHS Method; Case Study: Kohkiluye and Boyer Ahmed Province”. Geographical Research, 95. (In Persian)
Bureau of Public Finance Studies and Management Development, Vice President of Economic Research of the Islamic Consultative Assembly. (2018). “Expert Opinion on the Public-Private Partnership Bill”, 10th period, 4th year, registration number: 556, serial number: 23017028. (In Persian)
Cultural Heritage, Handcrafts and Tourism Organization. (2011). “Plan to amend laws and regulations related to investment in the tourism industry. Top tourism areas”. (In Persian)
Darr, Joseph. (2008). Current Trends in Public Private Partnership Laws. Legislative Update, Hein Online. 28 Constr, Law, Florida.
Department of Tourism. (10/11/2010). “Tourism Development Plan for Munnar Special Tourism zone”, visible at: http://gitpac.com/news/?p=562
Deputy of Economic Research and Research Center of the Islamic Consultative Assembly. (2013). “Study of objections of the Guardian Council on the budget bill of 1393 (approved by the Islamic Consultative Assembly)”. 9th period, 2nd year, registration number: 410, no. serial number: 24013525. (In Persian)
Emami, Sayed Hasan. (2004). “Civil Law”. Volume 1, Tehran: Islamiye, twenty-fourth edition. (In Persian)
Falamarzi, Meysam. (2009). “Examining the Fields of Public-Private Partnership in the Implementation of Infrastructure Projects in the Country using SWOT Analysis and Developing General Contractual Models”. Master's Thesis, University of Tehran, Technical Colleges Campus. (In Persian)
Hedayati, Salah, Kiani, Akbar, & Tavakoly, Morteza. (2010). “Effect of Sample Areas of Tourism in the Eradication of Poverty from the Perspective of Local Communities (Case Study: Oraman -e-Takhat of Kurdistan Region)”. Journal of Urban - Regional Studies and Research, 2(6), 73-94. (In Persian)
International Monetary Fund (IMF) (2011). Public Private partnerships. prepared by the Fiscal Affairs Department. Available at http://www.imf.org/ external /np/fad/2004/pifp/org/031204. pdf.11/2/2012.
Kachniewska, M. A. (2015). “Tourism development as determinant of quality of life in rural areas”. Worldwide Hospitality and Tourism Theme, 7 (5), pp. 500-515.
Katouzian, Nasser. (2001). Introductory Course on Civil Rights, Property and Ownership. Tehran: Publishing Company. (In Persian)
Katouzian, Nasser. (2004). Civil Laws,
General Rules of Contracts. Volume 1, 6th Edition, Tehran: Publishing Company. (In Persian)
General Rules of Contracts. Volume 1, 6th Edition, Tehran: Publishing Company. (In Persian)
Katouzian, Nasser. (2004). Civil Laws, General Rules of Contracts. Volume 2, 6th Edition. Tehran: Publishing Company. (In Persian)
Katouzian, Nasser. (2004). Specific Contracts (1), Civil Law. 9th edition. Tehran: Publishing Company. (In Persian)
Liu, A. & Wall, G. (2006). “Planning tourism employment: A developing country perspective”. Journal of Tourism Management, 27(1), pp. 159-110.
Maldives Tourism Act, Law NO. 2/ 99, Unofficial Translation.
Operational definition of tourist top areas. (24/2/2014). visible at: www.gchto.ir/main/pages/m1/aunt-x-a/my aunt-srmagccx-6afdha/mnat-q ckj2
Panama Tax Incentives for Projects in Special Tourism Zones. (13 /8/2012). visible at: www.michaellebeauzile.com/ tax-incentive-for-projects-in-special-tourism-zones.
Papoli Yazdi, Mohammad Hossein and Saqaei, Mehdi. (1999). Tourism; Nature and Concepts. Tehran: Samt Publication. (In Persian)
Qanavati, Jalil; Vahdati Shabiri, Sayed Hasan; Abdipour, Ebrahim. (2000). Contract Laws in Imami Jurisprudence. Volume 1. Tehran: Samt. (In Persian)
Sharply, Richard. (2002). “Rural Tourism and the Challenge of Tourism Diversification”. Tourism management, 23.
Shiravi, Abdol Hossein (2005). Build, Operate, Transfer (B.O.T.) Contracts. Qom: University of Tehran, Qom Campus. (In Persian)
Shiravi, Abdol Hossein. (2005). Economic Laws. Tehran: The Organization for
Researching and Composing University Textbooks in Islamic Sciences and the Humanities (Samt). (In Persian)
Researching and Composing University Textbooks in Islamic Sciences and the Humanities (Samt). (In Persian)
The official newspaper of the Islamic Republic of Iran (21/12/2013). “Draft regulation of paragraph (126) of the budget law of the year 2013 for the whole country”. No. 20041. (In Persian)
The official newspaper of the Islamic Republic of Iran. (13/7/2002). “Foreign Investment Promotion and Support Law No. 16709.” (In Persian)
The official newspaper of the Islamic Republic of Iran. (16/2/2002). “The law of appending articles to the law of regulating a part of the government's financial regulations”. Number 17705. (In Persian)
The official newspaper of the Islamic Republic of Iran. (23/10/1991). “Law on the Development of the Iranian Tourism Industry”, No. 13580. (In Persian)
The official newspaper of the Islamic Republic of Iran. (23/2/2006). “Cultural Heritage and Tourism Organization Formation Law”. No. 17184. (In Persian)
The official newspaper of the Islamic Republic of Iran. (4/5/2005). “Draft regulation on the Formation and Management of Model Tourism Areas” No. 17527. (In Persian)
UNCTAD Interviews. (3/9/2006). visible at: http://www.invest-in-morocco.gov.ma.
United Nations Conference on Trade and Development. (2007). FDI in Tourism: The Development Dimension. New York and Geneva.
United Nations Conference on Trade and Development. (2010(. Promoting Foreign Investment in Tourism. New York and Geneva.
Weaver, D. & Lawton, L. (2006). Tourism Management. Third Edition. Wiley Australia Tourism.
)