The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects – Ten Years On

Abstract

On 1 July 1998, the UNIDROIT Convention on Stolen or Illicitly Exported Cultural Objects 1995 (the 1995 UNIDROIT Convention) came into force. This instrument was a departure for UNIDROIT from its more usual commercial subject matter. Although it is certainly connected with the art trade, which is a very significant commercial interest, it was the first time that UNIDROIT as an organization dealt with heritage issues. Partly because this was unusual for UNIDROIT and partly because many of the countries with major heritage issues were not members of UNIDROIT, it was early seen as quite controversial. The initiative for UNIDROIT to work in this area came from UNESCO. At the request of its Member States, UNESCO had had a committee of experts look at the progress of the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property 1970 (the 1970 UNESCO Convention). They recommended that some of the aspects of private law, such as time limitations on legal actions and the misuse of defences based on “good faith”, which the 1970 Convention had not been able to deal with, should be dealt with by an organization which specialized in harmonizing national laws. Such an organization might be UNIDROIT or an institution specializing in private international law. UNESCO consulted with UNIDROIT and with the Hague Conference on Private International Law. Ultimately these two Organizations decided that UNIDROIT should undertake this work. After three meetings of experts, appointed in their individual capacities, from 1988 to 1990, a draft was prepared to be put to a committee of experts nominated by their governments. Four sessions were held from 1991 to 1994. The volatile nature of heritage negotiations quickly became apparent. Since I was representing UNESCO as an Observer, I was approached during these