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The Experience of UNESCO with the Return of Cultural Objects

Published online by Cambridge University Press:  28 February 2017

Lyndel V. Prott*
Affiliation:
International Standards Section, Division of Cultural Heritage, UNESCO
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Abstract

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Type
When the Quest for Cultural Objects Divides North from South
Copyright
Copyright © American Society of International Law 1995

References

1 Constitution, Art. 1(c).

2 9ILM 1031 (1970).

3 This view was clearly expressed at the symposium of senior police officials, “Arts et Criminalites,” held at UNESCO Headquarters in Paris, March 28, 1995

4 Merryman, John, Two Ways of Thinking About Cultural Property , 80 AJIL 831 (1986)Google Scholar.

5 Over the last five years missions have been fielded to the Czech Republic, Eritrea, the Maldives, Morocco, Namibia, Nepal, Romania and the Russian Federation.

6 Such regional and sub-regional meetings have been held in the Asia-Pacific region (Brisbane, 1986); Asian sub-region (Jomtien, 1992); Central and Eastern European region (Keszthely, 1993); Southern African subregion (Arusha, 1993); and West African sub-region (Bamako, 1994). One planned for Latin-American states in Cuenca, Ecuador for February 1995 has had to be postponed because of the situation in the area, and it is hoped that it will be held later this year.

7 There are currently eighty-one states parties to this convention, including the United States. On December 31,1994, the Director-General of UNESCO issued an Appeal to those states not yet party to the Convention to become party. The French Minister of Culture and French Language has announced that his government is at the stage of formulating the instrument of acceptance, and the Swiss Government expects to put the legislative scheme to enable adoption of the Convention by Switzerland to its federal parliament this year. Two Asian states, according to their discussions with UNESCO, are close to acceptance. New Zealand has prepared a oill that should enable it to participate in the Convention, which has yet to be submitted to its Legislature.

8 Reichelt, G. International Protection of Cultural Property , Uniform L. Rev. 43 (1985)Google Scholar; Second Study Requested from UNIDROIT by UNESCO on the International Protection of Cultural Property with Particular Reference to the Rules of Private Law Affecting the Transfer of Title to Cultural Property in the Light also of the Comments Received on the first Study (UNIDROIT, 1988).

9 A Study Group of Experts drew up a draft text at three meetings between 1988 and 1990 and this has been studied closely at four meetings of governmental experts between 1991 and 1994.

10 Such as a basket of feather money from the Solomon Islands

11 Supra note 6.