The protection of cultural property: analysing the international and European legal framework for its return, export and import

Abstract

Cultural property represents a vital part of humanity's heritage. Hence, it is incumbent on society to ensure the protection of movable cultural goods against illicit trade and harmful practices. While illicit trafficking has been recorded throughout history, it has nowadays emerged as a global concern. Moreover, as long as there is an excess in demand that legally traded goods cannot satisfy and the profits remain considerable, the looting, smuggling, and illicit trade will persist. Given the unprecedented interconnectivity of global commerce today, disparate approaches by countries are unlikely to resolve the nature of the issues effectively. Instead, coordinated cooperation within international organisations and implemented nationally may provide a more beneficial solution. The proposition is that an optimal regulation of the import and export of movable cultural property at an international level may dissuade traffickers, thus mitigating the inherent harmful practices. To explore this argument, this dissertation comprehensively reviews current instruments designed to protect cultural property in both the International and European fields. Furthermore, it outlines the deficiencies in the current system and proposes optimal solutions for their reform.