Verso una nuova governance nella circolazione internazionale dei beni culturali: contrastare la circolazione illecita con strumenti amministrativi e meccanismi di soft law idonei a regolarne l’esportazione

This article intends to analyse the topic of art export controls putting into relation national and supranational legislation. After having illustrated the main goal and objective that each legislator aims to achieve by implementing this administrative function (while national legislation pursues the objective of preserving and constituting the national cultural heritage, the supranational one is aimed at preventing phenomena of illicit trafficking), the analysis addresses their comparison. More specifically, we try to highlight how much these two legislative levels are linked one to the other, while they are often presented as distinctly separate. In addition to this aspect, the article underlines the necessity for national and supranational legislators to implement effective administrative tools and soft power mechanisms in controlling the export of cultural property, while contrasting their illicit circulation. Ensuring the proper functioning of the administrative system, in fact, can often prove more important than intervening in the matter with new regulations or legislative reforms.