Cultural property law: notes on how to conduct transatlantic dialogues

This paper explores how comparative law can facilitate transatlantic dialogue on cultural property law, using the Italian and United States legal systems as reference points. Rather than developing a systematic comparison, it addresses the methodological challenges of such dialogue, given that “cultural property” is not a fixed legal category but a contested concept whose meaning varies across jurisdictions. The analysis focuses on three interrelated issues: the conceptual foundations of cultural property law; the allocation of responsibilities between public authorities and private actors in the protection and management of cultural heritage; and the regulation of museums’ control over the reproduction of images of artworks in the public domain. These themes reveal persistent tensions between preservation-oriented and market-oriented approaches, as well as between nationalist and internationalist conceptions of cultural heritage, drawing in particular on the work of John Henry Merryman. The Italian model, characterised by strong state involvement rooted in constitutional principles, is contrasted with the more decentralised and market-driven U.S. approach. The paper concludes that meaningful transatlantic dialogue requires a contextual, pluralistic, and methodologically reflective use of comparative law.