Конвенцията на ЮНИДРОА от 1995 г. за откраднатите или незаконно изнесени предмети на културата – незаменимо допълнение към Конвенцията на ЮНЕСКО от 1970 г. за засилване на българската законова рамка по отношение на международни искове за връщане на к
The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects – an Indispensable Complement to the UNESCO 1970 Convention to Strengthen the Bulgarian Legal Framework on International Claims for Restitution of Cultural Objects

Author(s): Marina Schneider
Subject(s): Law, Constitution, Jurisprudence, International Law
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: UNIDROIT; UNESCO; Uniform law; due diligence; compensation; archaeological objects; multilateral cooperation
Summary/Abstract: The UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects is a step towards the unification of law and an important stage in the definition of a specific regulation of cultural property. It was prepared at the request of UNESCO to integrate and reinforce its 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Although directed at the same problem, and fully complementary, it is evident that there are differences between the 1970 and 1995 Conventions.This article will examine the mechanisms provided for by the Convention relating to restitution of stolen objects and to return of illegally exported objects, and in particular the concept of “due diligence”. This norm has today become a benchmark and has in particular been taken over by European Directive 2014/60.Some instruments developed by UNIDROIT have provided real guidance in the areas of law they cover. This is particularly the case of the 1995 Convention. Beyond the number of States Partiesto this instrument, its influence is evident, in particular the concept of due diligence, in national legislations, case law and in the recent legislative effort at European and international level.

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