International Journal of Tourism, Travel and Hospitality Law 1|2024

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW In Article 2, the law defines a professional only as someone who has obtained the title of guide, as prescribed by the law in Articles 4 and 6. The novelty introduced is in paragraph 2, where it specifies the activities inherent to the profession of a tourist guide, expanding upon the legal definitions previously established. This, in fact, illustrates and interprets the material and intangible assets35 that constitute the Italian historical, cultural, museum, religious, architectural, artistic, archaeological, and monumental heritage, also in correlation with the demo-ethno-anthropological, landscape, production and food and wine contexts that characterize territorial. The legislator has, therefore, included, as the subject of illustration and interpretation by guides, both tangible and intangible assets, consistently with what has also been done regarding the protection of heritage in the Code of cultural heritage. Guides are not limited to illustrating objects; they must contextualize them at the demo-ethno-anthropological, landscape, productive, and gastronomic levels. Therefore, it seems that within the category of guides, other professional figures may be encompassed, including some that had been identified and regulated by the Regions 35 The UNESCO Conventions for the safeguarding of intangible cultural heritage and for the protection and promotion of cultural diversity, adopted in Paris on November 3, 2003, and October 20, 2005, respectively, introduce and recognize the concept of intangible cultural heritage. Article 2 of the Convention provides the definition of intangible cultural heritage: “The term "intangible cultural heritage" refers to practices, representations, expressions, knowledge, and skills – as well as the instruments, objects, artifacts, and cultural spaces associated with them – that communities, groups, and, in some cases, individuals recognize as part of their cultural heritage. This intangible cultural heritage, transmitted from generation to generation, is constantly recreated by the communities and groups involved in accordance with their environment, their interaction with nature, and their history. It provides them with a sense of identity and continuity, promoting respect for cultural diversity and human creativity”. Following the introduction of Article 7bis of the Cultural Heritage Code, “expressions of collective cultural identity covered by the UNESCO Conventions for the safeguarding of intangible cultural heritage and for the protection and promotion of cultural diversity, adopted in Paris on November 3, 2003, and October 20, 2005, are subject to the provisions of this code if they are represented by material evidence, and the prerequisites and conditions for the applicability of Article 10 are met. Intangible assets can be attributed to the cultural heritage under certain conditions”. See about it: L. Tarasco, Diversity and immateriality of cultural heritage in international and comparative law: analysis of an (increasingly only) Italian gap (Diversità e immaterialità del patrimonio culturale nel diritto internazionale e comparato: analisi di una lacuna (sempre più solo) italiana), in Foro amministrativo – Consiglio di Stato, n. 7-8, 2008, pp. 2261-2287; L. Casini, Beyond the legal mythology of cultural heritage (Oltre la mitologia giuridica dei beni culturali), in Aedon, rivista di arti e diritto on line, n. 1-2, 2012 (http://www.aedon.mulino.it/).

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