The 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects

Abstract

The chapter will provide an overview of the Unidroit Convention on Stolen or Illegally Exported Cultural Objects (the 1995 Unidroit Convention). In 1983, Unesco entrusted Unidroit with preparing a private international law protocol for the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property which, in the end, became a Convention. During the preparatory work of the 1995 Unidroit Convention, members of the study group and committee of governmental experts worked to find solutions to guarantee the maximum acceptance of the Convention by civil law and common law countries as well as by source and market countries. The first point of discussion was defining cultural objects and choosing between different interpretations. The restitution of artworks acquired in good faith proved difficult to regulate as different legal systems take different positions. In the end, Chapter II of the 1995 Unidroit Convention set up a system of restitution in any case of stolen works of art to the legitimate owner, with the possibility for the dispossessed holder - who could prove her/his due diligence - to obtain fair compensation; while Chapter III focuses on the return of illegally exported cultural property to their country of origin. The chapter further addresses the procedural aspects of international restitution and return cases falling within the scope of the treaty. Lastly, the chapter assesses the impact of the 1995 Unidroit Convention on national laws, case law, and on the art market 28 years after its adoption.