Book Chapter

The Classical Approach: International Treaties-Part I

Tașdelen, Alper

2016

Overview

International treaties are not only a source of international law; they are also a classical means to regulate matters of concern to the international community. Hence, it is not surprising that the international community’s first approach to resolve the issue concerning the return of cultural objects was to rely on an international treaty. This approach was further encouraged by the fact that issues surrounding cultural artefacts were generally perceived as national or state affairs. This chapter focuses on the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the first international agreement for times of peace on an international scale exclusively devoted to the regulation of the return of cultural objects. After an overview of the first endeavours of the international community to enact such an agreement and the historical developments leading to the adoption of the treaty along with the challenges that had to be overcome in the course of the negotiation, the convention is analysed in depth. Its purpose, scope and regulations are broken down in the light of the convention’s genesis and the different actors’ positions with an emphasis on the rules concerning the return of cultural objects. Finally, the relevance as well as the strengths and weaknesses of the treaty are more closely scrutinised.

• Publisher: Springer International Publishing AG,Springer International Publishing
• Subject: Arbitration, mediation & alternative dispute resolution / Cultural Heritage / Cultural Object / Cultural Property / Cultural studies / Public international law / State Parti / State Party
• ISBN: 9783319440590, 3319440594