Abstract

The article addresses the issue of overtourism from a legal and economic perspective. In particular, the phenomenon is analysed based on Weitzman’s economic theories, considering which more traditional regulatory approaches are criticized. The analysis relies mainly on Italian case studies, such as the restrictions and taxes imposed on access to certain cities, including Venice, and some seaside destinations, also comparing the different regulatory choices made by some of Italy’s major cities and the outcome of the judgments involving them before the Administrative Courts. Ultimately, the hypothesis is that there is a need for a collaborative governance approach to tourism as a third way, in addition to the “Weitzman” approach, to be implemented through partnership models. Examples of this include Community Land Trusts, which are beginning to establish themselves in Italy as participatory foundations, and innovative solutions tested in public policy programs such as Smarter Italy. Finally, the issue of overtourism is addressed from a comparative perspective, also in relation to areas that have recently become tourist destinations, such as Africa, highlighting how similar solutions are emerging in this case too, starting with Community Land Trusts.

TABLE OF CONTENTS

1. Introduction: overtourism and urban liveability

2. Methodology

3. Tourism as an Externality: Rethinking Regulatory Techniques outside Price and Quantity
   3.1. An economic critique of overtourism based on Weitzman’s theories
   3.2. Regulatory instruments through the lens of Weitzman’s model

4. Traditional approaches and regulatory attempts in Italy: case studies and case law
   4.1. Cities and coastlines with limited access
   4.2. Different approaches in municipal regulations on short-term rentals and case law

5. Governance as the third option to escape the Weitzman dichotomy

6. Innovative Public Policies based on shared and collaborative governance models
   6.1. New governance paradigms for housing and neighborhood facilities: the Community Land Trust
   6.2. Innovative and collaborative ways to manage tourism in Italian villages and coastal areas: Smarter Italy and other case studies
   6.3. Governing Overtourism in Africa, Land Tools, Community Tenure and Coastal Management

7. Discussion and limitations of the research hypothesis

8. Perspectives and insights for future research