The Fight Against Illicit Trafficking of Cultural Property: The 1970 UNESCO Convention and the 1995 UNIDROIT Convention

Abstract

This comment focuses on the roles of the 1970 UNESCO Convention and the 1995 UNIDROIT Convention in protecting cultural property from illicit trafficking, and the reasons why a greater number of nations have not become parties to the Conventions.The comment begins by providing a background to art crimes, including why and how the theft of cultural property occurs, and the consequences of such illicit activity.Next, the comment addresses the general provisions of both the UNESCO and UNIDROIT Conventions.The comment will then present the legal problem of why the UNESCO and UNIDROIT Conventions have not been ratified by more countries, and will also discuss the possible shortcomings of these Conventions that prevent states from adopting them.Further, the comment analyzes certain inadequacies of the conventions, such as: the definition of cultural property, the problems of illegal exportation, the role of source and market nations, the differences between cultural nationalism and cultural internationalism, the rights of bona fide purchasers, and any applicable statutes of limitation.Finally, a Proposal explores possible solutions to the shortcomings of the Conventions and provides methods for motivating nations to sign onto a convention protecting cultural property from illicit trafficking.