International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 1. CULTURAL IDENTITY AND THE NOTION OF “HISTORICAL AND HISTORICAL HERITAGE. In order to give an answer to the preceding question, it is good, however, to try to define, first of all, the concept of “cultural identity”. And this, assuming as a starting point the concept of “identity” (which, in its typical sense, recalls that set of characteristics that make the individual unique and unmistakable)2 as well as placing the “cultural identity” in relation to the notion of “historical and artistic heritage”, without neglecting, finally, that identity is not immutable, but is transformed with growth and social changes. It follows that, as some of the doctrine argues3, to identify the concept, it is not enough (even if it is necessary) to refer only to the definition of cultural good. In a perspective of protection, in fact, cultural goods are often understood (in a reductive way) as a mere aggregate monetary value and subjected to a plurality of variables, so that the order operates a selection, assuming as criterion their historical and/or aesthetic value. And this, according to the definition that the “Franceschini study commission” has proposed (since 1964), considering the “cultural heritage” as a material testimony with the value of civilization, or like any good of historical and artistic interest (monuments, archaeological heritage, archives, books, landscape-environmental heritage), as well as artistic works produced by man, belonging to culture and the community, of which they are historical evidence and object of aesthetic education. It follows that goods, which become part of the cultural heritage, express irreproducible and unrepeatable values of society (of which they are an emanation), have strong aesthetic and expressive connotations and are recognized as economic value. In addition, over time, cultural goods have found (especially in public international law) other classifications, including, in particular, the Convention on the Protection of Cultural Property in Armed Conflict, adopted in The 2 Cfr. P Terenzi, Identità, in S. Belardinelli, L. Allodi (a cura di), Sociologia della cultura, Milano, pp. 89 -104. 3 Cf. E. A. IMPARATO, Identità culturale e territorio tra Costituzione e politiche regionali, Milan, 2010, p. 37, which recalls in note S. PUGLIATTI, Beni (Teoria generale), in Enc. dir., Milano, 1959, p. 174, M.S. GIANNINI, I beni culturali, in Riv. trim. dir. pubbl. 1976, p. 5 and ss., V. CERULLI IRELLI, Beni culturali, diritti collettivo e proprietà pubblica, in Scritti in onore di Massimo Severo Giannini, Milano, 1988, p. 139, P. CARPENTIERI, La nozione giuridica di paesaggio, in Riv. trim. dir. pubbl. 2004, p.367. In particular, according to the author, it is necessary to look at: “for the purpose of identifying the concept of cultural identity – the cultural interest, in the broad sense that includes, as will be seen, the promotion of the material and spiritual progress of the community”.