Translating the concept of “cultural identity” in public policies: Between the international and the national, and the tangible and intangible dimension

A concept such as that of “cultural identity” seems primarily belonging to the historic-artistic domain, but understanding its meaning is also fundamental for legal scholars dealing with cultural heritage policies and administration. This article examines how that notion has been shaped by legislators at different levels, revealing specific meanings depending on whether we are dealing with international conventions or national norms, and with tangible or intangible cultural heritage. The comparison of international conventions and national legislation highlights the clash between different orientations in the cultural heritage sector, namely between nationalists and internationalists. From a regulatory perspective, this clash of interests is reflected in the opposing concepts of “common heritage of mankind” and “national cultural identity,” whose legal implications need to be addressed. These two definitions are examined and challenged in an effort to understand whether they still have a legal meaning or if they have been replaced by a “global” notion of cultural identity. From a more general perspective, through an analysis of three case studies, the article reveals the role played by legal traditions when the same matter is regulated both by national and international legislative interventions enacted in different time periods.