Sostenibilità e “diritto dei privati”. Il caso dei contratti sostenibili nel settore turistico (Sustainability and private autonomy. The case of sustainable tourism contract in Tourism Market Sector)

The paper offers a reinterpretation of the principle of sustainability, present in national and EU legislation, through a bottom-up approach in the process of self-regulation and private autonomy. There are examples of green clauses in tourism supply chain contracts where the phenomenon has a particular implementation taking into account the impact of tourism on environmental and social sustainability as well as the tourist’s sensitivity to advertising claims that evoke the green nature of the offer. Therefore, criticalities of the phenomenon are identified due to the risk for the market of an abusive use of the terms “green”, “sustainable” and the like, drawing attention to the need to identify quantitative indices that allow an objectification and control of the contents of advertising statements.