Cultural Heritage and Formalized Universe: Paradise Lost?

Acquiring the definition of “cultural heritage” has always been considered as a relevant target by many. What if the restrictions imposed by the law on the management of these goods becomes a reason to stay outside this formalized world, therefore weakening the trust of privates in public institutions? This paper aims at finding a way to strengthen this trustful relationship. Specific attention will be paid to the necessity to respect the proportionality principle in legislative drafting and in shaping measures to protect cultural heritage, to find a balance between public and private interest, so that the private party will not perceive the administrative action as purely hostile. Secondly, the so-called “UNESCO-cide” effect will be analyzed. Is the inclusion of a site on the World Heritage List expedient or does it only cause overtourism and excessive limitations to the management of the site itself, thus undermining citizens’ and States’ trust in the organization itself?