United states implementation of the 1970 unesco convention. In july the netherlands accepted the 1970 unesco convention and it will enter into force on the 17th of october, 2009. This legislation, the convention on cultural property implementation act cpia or ccpia, did not come into effect until 1983. Under the convention on cultural property implementation act, signed into law in 1983, and other. For the purpose of this convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international cooperation and assistance designed to support states parties to the convention in their efforts to conserve and identify that heritage. The fight against illicit trafficking of cultural property. The 1970 convention builds on unescos 1956 recommendation on international principles applicable to archaeological excavations and 1964 recommendation on the means of prohibiting and preventing the illicit export, import and transfer of ownership of cultural property.
The term cultural property shall cover, irrespective of origin or ownership. The protection of cultural property during armed conflict is based on the principle that damage to the cultural property of any people means, in the words of the 1954 hague convention, damage to the by entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide. Article 9 of the 1970 unesco convention is intended to provide a. It is a collective duty to act against the illicit trafficking of cultural property and to protect cultural heritage. Protection of cultural property in the event of armed. The 1970 unesco convention and the 1995 unidroit convention, 12 santa clara j. Second meeting of states parties to the 1970 convention. The protection of iraqi cultural property cambridge. Federal register notice of receipt of request from the. The convention defines the term cultural property to mean property whichis specifically.
Unesco 1970 convention, law 2863 on the conservation of cultural and natural property, article. The high contracting parties, recognizing that cultural property has suffered grave damage during recent armed conflicts and that, by reason of the developments in the technique of warfare, it is in increasing danger of destruction. Convention prohibiting and preventing the illicit import, export. The general conference of the united nations educational, scientific and cultural organization, meeting in paris from 12 october to 14 november 1970, at its sixteenth session.
In most of the 120 state parties implementing legislation is necessary, but only few states have passed such laws. Since its founding, unesco has been developing benchmark legal instruments, including the 1970 convention the culmination of a long process of reflection on the fight against the illicit traffic of cultural property. The convention on cultural property implementation act. Protection of cultural property icomos open archive. The case for using the law of salvage to preserve underwater. The most widelyaccepted definition of cultural property under international law is derived from two sources. Convention on cultural property implementation act partial text of public law 97446 h.
Article i convention for the protection of cultural property in the event of armed conflict the hague convention. The meaning of 1970 for the acquisition of archaeological. The routledge companion to cultural property 1st edition. In 1970, unesco promulgated the convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property 1970 uneso convention. The protection of iraqi cultural property cambridge core. For the purpose of this convention, international protection of the world cultural and natural heritage shall be understood to mean the establishment of a system of international cooperation and assistance designed to support states parties to the convention in their. Preventing the illicit import, export and transfer of ownership of cultural property 1970 unesco convention.
Developing networks and creating partnerships among involved partners at the national, regional and international level. Model laws for implementing international conventions the. Convention on cultural property implementation act wikipedia. Acting pursuant to the 1970 unesco convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property, to which both countries are state party. Cultural property protection activities of the national. Commentary on the unesco 1970 convention on the means of. Protection of cultural property international council on.
The 1970 convention on the means of prohibiting and. Past and future, 1516 march 2011 volume 18 issue 4 lyndel prott skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. The global range of authors use international case studies to encourage a comparative understanding of how. The future of history repatriation of cultural property. To qualify as cultural property in terms of the cpta art. Lenzner the story of the sevso treasure is the latest saga involving plundered antiquities and other works of arte to find its way. Adopted by the general conference of the united nations educational, scientific and cultural organization at its sixteenth session, paris, 14 november 1970.
Convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property. Convention on the means of prohibiting and preventing the. Article 1 of the hague convention for the protection of cultural property in the event of armed conflict of 1954 defines cultural property as follows. Article i of the 1954 hague convention and article i of the 1970 unesco convention, which read as follows. In the second edition of his commentary on the 1970 unesco convention commentary, cultural heritage law expert and australian national patrick j. The unesco 1970 convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property is an. Objects recovered from the soil or waters of canada. This note explores the domestic application of the united nations educational, scientific, and cultural organization convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property of 1970 unesco convention or convention by both the united states and australia. The cpta implements the 1970 unesco convention into domestic law and regulates the import. Model laws for implementing international conventions.
Commentary on the unesco 1970 convention on illicit traffic. Under this pioneering treaty, states cooperate to protect the cultural property in their territory, and fight the illicit export, import. Complementary additional programme 20142015 concept note. Convention on cultura l property implementation act partial text of public law 97446 h. The artwork was then 1 see jane levine,returning stolen cultural property, 25cultural. The 1995 unidroit convention establishes uniform rules for restitution claims by individuals. Jul 09, 20 preventing the illicit import, export and transfer of ownership of cultural property 1970 unesco convention. Destruction of cultural property in the northern part. To qualify as cultural property in terms of the 1970 unesco convention on the illicit import, export and transfer of ownership of cultural property implementation act, the object must belong to one of the categories provided for under article 1 of the 1970 unesco convention and be of great cultural, historical and scientific importance that. Sir how much is that ming vase in the window protecting. Cultural property, which is the pillar of civilisation and peoples identities, has been displaced through colonisation, plunder and massive theft. Title, convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property. What is considered cultural property under the federal act.
The convention for the protection of cultural property in the event of armed conflict adopted at the hague netherlands in 1954, as a consequence to the massive destruction of the cultural heritage in the second world war, is the first international treaty of a worldwide vocation dedicated exclusively to the protection of cultural heritage in the event of armed conflict. This entry shall only be made, in accordance with the provisions of the present convention and under the conditions provided for in the regulations for the execution of the convention. Implementation of the convention on the means of prohibiting. Article 9 of the 1970 unesco convention is intended to provide a mechanism by which. The purpose of the convention was to protect cultural property from the dangers of theft, clandestine excavation, and illicit export. This should not be perceived as placing an additional burden on the military but as a way to better reach and consolidate longterm security goals, including that of social cohesion. In addition, the 1970 convention regards as illicit any export or transfer of ownership of cultural property under compulsion that arises from the occupation of a country by a foreign power. The unesco convention of 14th november 1970 on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property is such a convention. Directorgeneral of the united nations educational, scientific and cultural organization. Past and future, 1516 march 2011 volume 18 issue 4 lyndel prott skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a. The term cultural property was first used in an international instrument in the 1954 convention for the protection of cultural property in the event of armed conflict. Illicit import, export and transfer of ownership of cultural property adopted in paris on 14 november 1970 1970 unesco convention on the illicit import, export and transfer of ownership of cultural property implementation act explanatory memorandum i. The republic of yemen government has made a request to the government of the united states under article 9 of the 1970 unesco convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property.
The united states adopted only two provisions of the unesco convention, article 7b 2 and article 9. The 1970 unesco convention article 11 the export and transfer of ownership of cultural property under compulsion arising directly or indirectly from the occupation of a country by a foreign power shall be regarded as illicit. The treaty, signed to combat the illegal trade in cultural items, was signed on 14 november 1970, and came into effect on 24 april 1972. Executive summary for art museum professionals concerning. Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property 1970 november 14 isbn 1903987164. The unesco 1970 convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property is an international treaty. The 1970 convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property is more commonly known as the 1970 unesco convention, or sometimes as the paris convention. Refworld convention for the protection of cultural property. The government of the republic of costa rica made a request to the government of the united states on december 2, 2019, under article 9 of the 1970 unesco convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property. The fight against the illicit traffic of cultural property. Convention for the protection of cultural property in the. Okeefe provides the most thorough treatment of the convention to. Implementing and applying both conventions in switzerland. Unidroit convention in protecting cultural property from illicit trafficking, and the reasons why a.
Considering that the illicit import, export and transfer of ownership of cultural property is an obstacle to that understanding between nations which it is part of. Being convinced that damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes. The illicit international trade in cultural property. The 1970 unesco convention is the result of member states concern over, and international cooperation in responding to, the problem of pillage of cultural property and loss of archaeological material during the 1960s. The 1970 unesco convention requires its states parties to take action in these main fields. Convention on the means of prohibiting and preventing the illicit. Special protection is granted to cultural property by its entry in the international register of cultural property under special protection. The 1970 unesco convention of the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property the unesco hague convention for the protection of cultural property in the event of armed conflict with regulations for the executions of the convention 1954. Adopts this convention on the fourteenth day of november 1970. Convention on cultural property implementation act agencies. Under this pioneering treaty, states cooperate to protect the cultural property in their territory, and fight the illicit export, import, and transfer of cultural heritage often for private gain. Also, italy has ratified the second protocol to the 1954 hague convention for the protection of cultural property in the event of armed conflict. The 1970 convention on the means of prohibiting and preventing the illicit import, export and transfer of ownership of cultural property urges states parties to take measures to prohibit and prevent the illicit trafficking of cultural property.
The meaning of 1970 for the acquisition of archaeological objects. The specialized body for the international transfer of cultural property at the swiss federal office of culture foc has been entrusted since june 1, 2005 with the execution of the federal act on the international transfer of cultural property cpta. Cultural property international committee of the red cross. The convention on cultural property implementation act h. The routledge companion to cultural property contains new contributions from scholars working at the cutting edge of cultural property studies, bringing together diverse academic and professional perspectives to develop a coherent overview of this field of enquiry. Convention on stolen or illegally exported cultural objects. Unesco convention on the means of prohibiting and preventing. The goals of this convention include regulation of the international market. Name and unit of project officer edouard planche cltcehchp.
1253 166 592 257 77 367 1494 239 120 758 587 12 758 539 578 937 562 314 1432 1362 1421 515 608 935 1259 33 1441 1522 229 269 1052 1071 289 939 841 626 1029 1158 1402 963