The Intangible Dimensions of Cultural Heritage

This dissertation systematically examines the concept of immateriality in cultural heritage, identifying its principal manifestations and evaluating its relevance within legal discourse. While primarily focused on the Italian legal system, the study adopts a comparative approach – most notably with France – with the overarching aim of developing a methodological framework applicable across diverse legal systems. This framework aims to facilitate the identification and in-depth examination of critical issues surrounding the broad research objective. The analysis is structured around three core areas. The first focuses on the dimension of immateriality around which a degree of international consensus has formed: the definition of Intangible Cultural Heritage established by UNESCO in 2003. Through the analysis of its domestic transposition (and its shortcomings) the study highlights the persistent misalignment between international and national legal mechanisms and outlines steps toward a more effective and comprehensive integration of this (first) dimension of immateriality. The second expands the inquiry by questioning whether immateriality should be solely confined to UNESCO definition of ICH. It proposes repositioning the attribute ‘intangible’ at the outset of legal inquiry, enabling the recognition of additional intangible dimensions, including those present in materially constituted heritage. The study investigates so-called “extrinsic” forms of immateriality – external projections of cultural value that generate new legal situations. Accordingly, the third area investigates the relationship between immateriality and subjectivity, in light of the growing complexity – outlined in the preceding phases – of the contexts in which immateriality reshapes legal principles and administrative processes. It questions the adequacy of current legal frameworks and considers whether reforms are needed to address the diverse interests at stake and the increasingly fluid boundaries of cultural heritage. Combining legislative analysis with case-based evaluation, the study examines how administrative and judicial practices have responded to regulatory gaps. An administrative law perspective is integrated with sustained attention to international law – essential for understanding the ongoing interaction between global and domestic frameworks, and for advancing the broader objective of this study: to initiate a novel line of inquiry into the immateriality of cultural heritage – one that moves beyond the UNESCO conceptualization and is adaptable to diverse legal and cultural contexts.