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    Protecting cultural objects : before and after 1970 / by Patrick J. O' Keefe, Honorary Professor, TC Beirne School of Law, University of Queensland, A.M.; Ph.D. (Sydney); LL.M. (A.N.U.); M.A. (City of London Polytechnic); LL.B. (Q'ld); B.A., (Q'ld); F.S.A.; A.S.A.L.S.; F.A.H.A.

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    • Title:Protecting cultural objects : before and after 1970 / by Patrick J. O' Keefe, Honorary Professor, TC Beirne School of Law, University of Queensland, A.M.; Ph.D. (Sydney); LL.M. (A.N.U.); M.A. (City of London Polytechnic); LL.B. (Q'ld); B.A., (Q'ld); F.S.A.; A.S.A.L.S.; F.A.H.A.
    •    
    • Author/Creator:O'Keefe, Patrick J., author.
    • Published/Created:Crickadarn, Builth Wells, UK : Institute of Art and Law, 2017.
      ©2017

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    • Library of Congress Subjects:Cultural property--Protection (International law)
      Cultural property--Protection--Law and legislation.
    • Subject(s):Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (1970 November 14)
    • Description:xxxvi, 304 pages, 6 unnumbered pages of plates : illustrations (chiefly color) ; 25 cm
    • Summary:This book provides a comprehensive analysis not only of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, but of the historical background that led to the adoption of the Convention and of the ways in which it is implemented around the world. It also includes the texts of other significant legal instruments which seek to provide international protection for cultural objects. Theft and illicit traffic in objects of cultural heritage cause major problems for protection and conservation. This is so whether they come from archaeological sites, museum collections, private houses or elsewhere. However, how to deal with these problems is difficult, particularly when the objects have been transported from one country to another. There are practical difficulties, such as identification and who pays for the investigative work, prosecution, and return of the objects. Overlaying all are the legal standards used to determine who the owner is and whether the objects should be returned. When UNESCO adopted the Convention in 1970 it was a truly significant event in the protection of cultural objects. This book studies the developments which led to its creation, and how it has been interpreted and implemented. The birth of the Convention led to a range of other instruments and techniques to protect cultural objects. Some have been successful, some not so. These later instruments are studied here with suggestions for improvement. The final chapter looks to the issue of return; the mechanics of which received little attention in 1970.
    • Notes:Includes bibliographical references (pages 289-299) and index.
    • ISBN:9781903987391 (hardcover)
      1903987393 (hardcover)
      9781903987384 (paperback)
      1903987385 (paperback)
    • Contents:Machine generated contents note: ch. I Protection
      Past, Present and Future
      pt. 1 Establishing Principles for Protection
      Emergence of the Principle Against Looting in Times of Conflict
      1907
      1939: Re-assertion of Principles for International Legal Control
      First Concern: Protection in Conflict
      Second Concern: Return, Restitution and Reparations
      Third Concern: Displacement of Antiquities
      Office international des musees (OIM)
      1933 Draft Convention
      1936 Draft Convention
      1939 Draft Convention
      Second World War Years
      Declaration of London 1943
      After the Second World War
      pt. 2 UNESCO Takes Over
      Enter Mexico
      UNESCO Takes Action
      First Draft
      Second Draft
      Making of Conventions Not Easy
      Changes in Terminology
      `Cultural Property'
      `Cultural Heritage'; `Natural Heritage'
      Use of `Cultural Heritage' in the 1970 Convention
      Title of the 1970 Convention
      Political Context
      Special Negotiating Committee 13-24 April 1970
      Adoption of the Convention
      pt. 3 Revision
      pt. 4 Iconic Status of 1970
      Legal Effect
      Moral or Ethical Effect
      pt. 5 Management
      Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation
      Requests for Return
      Other Activities of the Committee
      Model Provisions on State Ownership
      Code of Ethics for Dealers
      Meeting of States Parties/Subsidiary Committee
      Operational Guidelines
      Evaluation Study
      ch. II Wider International Framework
      pt. 1 Agreements other than the 1970 Convention
      UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995
      Convention on the Protection of the Underwater Cultural Heritage 2001
      Convention for the Protection of Cultural Property in the Event of Armed Conflict 1954 (Hague Convention 1954) and its First and Second Protocols
      Convention for the Safeguarding of the Intangible Cultural Heritage 2003
      Convention Concerning the Protection of the World Cultural and Natural Heritage 1972
      Trade Agreements
      Human Rights Instruments
      European Union Directive and Regulation
      Palermo Convention
      pt. 2 Other International Instruments
      Security Council Resolutions
      Iraq
      Syria
      UNESCO Recommendations
      UNESCO/UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects
      UNESCO Code of Ethics for Dealers
      Promotion of the Code
      Impact of the Code
      Analysis of the Code
      Future
      Other Voluntary Codes of Behaviour
      ch. III Interpreting International Agreements
      pt. 1 Principles of Interpretation
      Preliminary Documents
      Actions by States
      Opinions by Commentators
      Common Law and Civil Law
      pt. 2 Specific Issues
      Retroactivity
      Reservations and Declarations
      Limitation Periods
      Public Policy
      ch. IV 1970 Convention and Protection
      Preamble
      Article 1
      On Religious or Secular Grounds
      Specific Designation
      Importance
      Paragraph (a)
      Collections
      Fauna and Flora
      Minerals
      Anatomy
      Objects of Palaeontological Interest
      Paragraph (b)
      Paragraph (c)
      Paragraph (d)
      Paragraph (e)
      Paragraph (f)
      Paragraph (g)
      Paragraph (h)
      Paragraph (i)
      Paragraph (j)
      Paragraph (k)
      Article 2
      Article 3
      Article 4
      Article 5
      Article 6
      Article 7
      Article 7(a)
      Article 7(b)(i)
      Article 7(b)(ii)
      Article 8
      Article 9
      Article 10
      Article 10(a)
      Article 10(b)
      Article 11
      Article 12
      Article 13
      Article 13(a)
      Article 13(b)
      Article 13(c)
      Article 13(d)
      Article 14
      Article 15
      Article 16
      Article 17
      Article 18
      Article 19
      Article 20
      Article 21
      Article 22
      Article 23
      Article 24
      Article 25
      Article 26
      ch. V National Implementation of the 1970 Convention
      pt. 1 Introduction
      pt. 2 Australia
      Exports
      Imports
      Administration
      Objects from Iraq and Syria
      Conclusion
      pt. 3 Japan
      Exports
      Imports
      Objects from Iraq and Syria
      Conclusion
      pt. 4 Switzerland
      Exports
      Imports
      Bilateral Agreements
      Temporary Measures
      Control of Transactions
      Customs Declaration
      Free Ports
      Objects from Iraq and Syria
      Conclusion
      pt. 5 United Kingdom
      Exports
      Imports
      Dealing in Cultural Objects (Offences) Act 2003
      United Kingdom Law and the Convention
      Objects from Iraq and Syria
      Conclusion
      pt. 6 United States of America
      Qualified Acceptance
      Exports
      Imports
      Bilateral Agreements
      Customs legislation
      United States v. An Antique Platter of Gold
      National Stolen Property Act
      United States v. Schultz
      Recovery in the USA after Schultz
      Archaeological Resources Protection Act
      Regulation of Importation of Pre-Columbian Monumental or Architectural Sculpture or Murals
      Objects from Iraq and Syria
      Conclusion
      pt. 7 Federal States
      ch. VI Return of Cultural Objects
      pt. 1 Claims for Return
      Expense
      Management Issues
      Practical Problems
      pt. 2 Conditional Returns
      pt. 3 Payment of Compensation
      pt. 4 Holocaust Returns
      pt. 5 Human Remains
      pt. 6 Loans
      pt. 7 Inadequate Facilities
      pt. 8 Return to Whom?
      pt. 9 Heads of State, Politicians and Repatriation
      pt. 10 Replicas
      pt. 11 Universal Museums
      pt. 12 Immunity from Seizure and Suit
      Conclusion
      Appendix I
      Text of the Three Drafts Preceding the 1970 Convention
      1933 Draft: Draft International Convention for the Repatriation of Objects of Artistic, Historical or Scientific Interest, Which Have Been Lost or Stolen or Unlawfully Alienated or Exported
      1936 Draft: Draft International Convention for the Protection of National Historic or Artistic Treasures
      1939 Draft: Draft International Convention for the Protection of National Collections of Art and History
      Additional Clauses
      Appendix II UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects 1995
      Appendix III ELF Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State
      Appendix IV Australia: Cultural Property Export Control List
      Appendix V Table of Ratifications: 1970 Convention (as at 12 November 2016).
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