Introduction
The Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970) is an attempt to control the movement of cultural property from one State to another where this is against the laws of one or both. The property may be stolen from its owner or the movement itself may be prohibited such as when an object is smuggled from one state into another. As of 30 March 2018, there were 136 States Parties to the Convention.
Definition
Cultural property for the purposes of the Convention is defined in Article 1. To qualify, the property must be “specifically designated by each State as being of importance for archaeology, prehistory, history, literature, art or science.” In addition, it must belong to 1 of 11 categories of objects set out in the Article. These include the products of archaeological excavations (including regular or clandestine) and antiquities more than 100 years old.
The meaning of “specifically...
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References
Kono, T., and E. Kani. 2003. Japan’s measures for the implementation of the 1970 UNESCO convention. Art Antiquity and Law 8: 107–131.
O’Keefe, P.J. 2017. Protecting cultural objects: Before and after 1970. Builth Wells: Institute of Art and Law.
Further Reading
Forrest, C. 2010. International law and the protection of cultural heritage. Abingdon: Routledge.
House of Commons Culture, Media and Sports Committee. 2000. (HC 371–1) Seventh report: Cultural property return and illicit trade. London: The Stationery Office.
Ministerial Advisory Panel on Illicit Trade. 2000. Report. London: Department of Culture, Media and Sport.
O’Keefe, P.J., and L.V. Prott. 2011. Cultural heritage conventions and other instruments: A compendium with commentaries. Builth Wells: Institute of Art and Law.
Prott, L.V. 2009. Witnesses to history: A compendium of documents and writings on the return of cultural objects. Paris: UNESCO.
Raschėr, A.F.G., et al. 2005. Cultural property transfer. Brussels/Zurich: Bruyland and Schulthess.
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O’Keefe, P.J. (2018). Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970). In: Encyclopedia of Global Archaeology. Springer, Cham. https://doi.org/10.1007/978-3-319-51726-1_605-2
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