The 1995 UNIDROIT Convention: An Indispensable Complement to the 1970 UNESCO Convention and an Inspiration for the 2014/60/EU Directive
The 1995 UNIDROIT Convention: An Indispensable Complement to the 1970 UNESCO Convention and an Inspiration for the 2014/60/EU Directive

Summary/Abstract: This article aims to present the two main international conventions on the fight against trafficking in cultural property, and show how the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects remedies the main weaknesses of the 1970 UNESCO Convention on the Means Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, while building on its strengths. The 1995 UNIDROIT Convention, by virtue of its international private law approach to the matter of the illegal trade in stolen or illegally exported goods, has provided the basis for European developments in the field. The international principles already established in the preparatory works to the 1995 Convention are reflected, firstly, in the wording of Council Directive 93/7/EEC, and have been subsequently incorporated into Directive 2014/60/EU. In addition the use of the UNIDROIT Convention has become a benchmark for the evaluation of due diligence.

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