International Journal of Tourism, Travel and Hospitality Law 2023

TOURISM ENTERPRISE AND CULTURAL HERITAGE PROTECTION Hague on 14/5/1954, and in the Convention for the Protection of Intangible Cultural Heritage, adopted in Paris on 17 October 2003, which aims to: 1) safeguard intangible cultural heritage; 2) ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned; 3) raise awareness – at local, national and international level – the importance of intangible cultural heritage and ensuring that it is mutually appreciated; 4) promoting international cooperation and support. Hence the definition of intangible cultural heritage, understood as: “the practices, representations, expressions, knowledge, know-how – as well as the tools, objects, artefacts and cultural spaces associated with them – that communities, groups and in some cases individuals recognize as part of their cultural heritage”4 Under the Convention, however, it must be made clear that this heritage is susceptible to protection,provided that it is compatible with existing international human rights instruments and with the requirements of mutual respect between communities,groups and individuals, and with sustainable development5 Concept of sustainable development, however, in the sense developed in 1987 by the World Commission on Environment and Development (Brundtland Commission), according to which: “Sustainable development, far from being a definitive condition of harmony, is rather a process of change such that the exploitation of resources, the direction of investment, the orientation of technological development and institutional changes are made consistent with future needs as well as with current ones”. The document drawn up by the Commission, in fact, places great emphasis on the protection of the needs of all individuals, with a view to universal legitimacy and the aspiration to better living conditions, and stresses the need and importance of wider citizen participation: “Sustainable development requires meeting the fundamental needs of all and extending to all the possibility of implementing their aspirations for a better life (...) Meeting essential needs requires not only a new era of economic growth for nations in the majority of the inhabitants are poor but also the guarantee that these poor have their fair share of the resources necessary to support this growth. Such equity should be supported both by political systems that ensure the effective participation of citizens in the decision-making process and by greater democracy in international choices”. Hence the statement that sustainability revolves around three fundamental components: 1) economic sustainability, understood as the ability to generate income and work for the 4 Art. 2 Convention for the Protection of Intangible Cultural Heritage, adopted in Paris on 17 October 2003 5 Cfr. L. Bobbio (a cura di), Le politiche dei beni culturali in Europa, Bologna,1992