The law governing cultural heritage in Italy: universal values versus national cultural identity

Taking the move from the theories of cultural internationalism and nationalism, some problematic issues that hamper the creation of an effective, common legal regime of protection against illicit trafficking of cultural objects, are analysed in the light of UNESCO 70 and UNIDROIT 95 together with the case of Italy as a paradigmatic example. In this context, absent an effective common legal framework, restitution of cultural heritage as a trans-boundary customary practice has recently been progressively implemented along with other alternative instruments such as mediation and bilateral agreements that allow for shared forms of enjoyment and exchange.