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Le tourisme des Antilles françaises saisi par le droit économique

Abstract : Subject to a legal multidimensionality – including commerce, competition, taxation, environment, wage system, urban planning, fundamental rights and freedoms, police, folklore and customs valorisation, education, construction –, tourism synergizes public and private activities that are more or less closely related to economics. An ordered subordinate relationship creating barriers, although relatively justified in principle, to direct and free access to trade, frustating the economic player. It is the role of the economic public power. In the French West Indies, it produces a legal protectionism, radiant, variably distant from an economic basis versus a Caribbean more liberal and incomplete, that uses irrevocably distorting effect methods at a regional level, notably connected to economic needs. Propelled in current law practices in regard to their political nationality and inferences – there is a legal filiation between the French West Indies, France and, definetely, the European Union –, across the Caribbean, the French West Indies are marginal. A paradigm shift taken from a decentring movement (“to go out of oneself”) – earns its livelihood from the now globalized and interdependent society urging vulnerable economies to a useful regrouping – which requires surgical-like precision facing the threatening shadow of the French West Indies’ legal identity. This would lead to averting, at least in part, their marginality and, by ricochet, the marginality of their tourism approach. Regional integration, whose contractual formula – an alternative organisational method of the economy – is the figurehead by its force, intensity, diversity, flexibility, and bulkiness, while nowhere near to the panacea, has a decentring effect. It originates from the economic agreement, more accurately from its normative force. Contracted by the economic public entity – the State and/or its territorial dismemberments –, the treaty or international agreement notably refers to the conduct of common policies (e.g. environmental matters), circulatory fluidity and optimization (persons, goods, services), to reducing disparities in development, to protecting competition. Contracted by the private economic player – e.g. the parties to a franchise agreement –, under the guise of pursuing satisfaction of individual interests, it organises economic relations verging on knowledge transfer, co-branding, stimulating supply and demand, decreasing the cost of living through having economies of scale, of scope among other things. If mastered the decentring effect of the regional integration could represent an effective tool for a sustainable economy of the French West Indies’ tourism to a certain extent in the margin of (or, when possible, alternatively to) traditional processes.
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Axel Liroy. Le tourisme des Antilles françaises saisi par le droit économique. Droit. Université Côte d'Azur, 2020. Français. ⟨NNT : 2020COAZ0015⟩. ⟨tel-03121744⟩

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