The Classical Approach: International Treaties—Part I

Abstract

The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property constitutes a milestone. It is the first treaty on an international scale exclusively devoted to the regulation of the return of cultural objects transferred in times of peace and hence, as one of its major achievements, the first globally-designated treaty to provide a legal basis to reclaim such items. Nevertheless, the 1970 UNESCO Convention has many shortcomings. Inter alia, it only raises questions of private law, but does not resolve them. Hence, the international community soon after its adoption realised the need for further action to overcome its flaws, particularly its missing private law dimension. This led to the adoption of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, which this chapter analyses in detail. Its purpose, scope and regulations, particularly those concerning the return of cultural objects, are broke down in the light of the convention’s genesis as well as the different actors’ positions and in comparison to the 1970 UNESCO Convention. Furthermore, the intertwining nature of both conventions is highlighted. The chapter concludes with an elaboration on the 1995 UNIDROIT Convention’s relevance, as well as its strengths and weaknesses, before providing an overall evaluation of the treaties and the suitability of international treaties in general to solve controversies concerning claims for the return of cultural objects.