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At the request of UNESCO, in the early 1980s, the UNIDROIT Governing Council decided at its 65th session (April 1986) to include the subject of the international protection of cultural property in the UNIDROIT Work Programme for the triennial period 1987-1989. A first study on the international protection of cultural property, in the light especially of LUAB (1974) and the 1970 Convention, followed by a second study dealing more particularly with the rules of private law governing the transfer of title over cultural property, were entrusted to Prof. Gerte Reichelt (Austria). A comparative law survey suggested that one method of providing effective protection for cultural property would be the application of mandatory rules After it had been informed that UNESCO did not itself envisage the preparation of any new international instrument, the UNIDROIT Governing Council decided to set up a study group to consider the feasibility and desirability of drawing up uniform rules relating to the private law aspects of the international protection of cultural property. The group worked on the basis of a preliminary draft Convention on the restitution of cultural objects, submitted by Mr Roland Loewe, 1whose essentially pragmatic approach was founded on the concepts of restitution and the right to payment. The study group held three sessions in Rome between 1988 and 1990, under the chairmanship of Mr Riccardo Monaco (then President of UNIDROIT). At the end of its third session, it adopted the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. Following the Governing Council’s decision to convene a Committee of governmental experts, the text of the preliminary draft was discussed and revised at four meetings, all chaired by Mr Pierre Lalive (Switzerland) and held in Rome between 1991 and 1993. At the conclusion of its fourth session, the Committee adopted the draft UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects, and the UNIDROIT Governing Council, at its 73rd session (May 1994), deemed the text ripe for submission to a diplomatic Conference for adoption aons. It had before it the following texts: the draft UNIDROIT Convention and its Explanatory Report prepared by the UNIDROIT Secretariat and the draft Final Provisions with explanatory comments by the UNIDROIT Secretariat, as well as the proposals and comments submitted by Governments and international organisations. The Conference work was carried out by the Plenum and its organs; special mention should be made of an informal Working Group – whose membership reflected the policy positions most at variance with each other – set up ten days into the negotiations when they seemed headed for failure over several seemingly insurmountable stumbling-blocks. This group met in parallel with the Conference proper to draft a compromise text which won the support of other delegations and which, together with a draft Preamble, was submitted to the Conference. The UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects was opened to signature – and accession – at the close of the Conference on 24 June 1995. |
DIPLOMATIC CONFERENCE
Diplomatic Conference for the Adoption of the Draft UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects, Rome, 7 to 24 June 1995 [Participants, Documents of the Conference, Acts and Proceedings, Depositary]
UNIDROIT Committee of governmental experts on the International Protection of Cultural Property – 4th session (Rome, 29 September to 8 October 1993)
UNIDROIT 1995 – Study LXX – Doc. 50
The International Protection of Cultural Property. Draft final provisions capable of embodiment in the draft UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Property with Eplanatory notes (drawn up by the UNIDROIT Secretariat) – Rome, January 1995
UNIDROIT 1994 – Study LXX – Doc. 49
The International Protection of Cultural Property. Draft UNIDROIT Convention on the International Return of Stolen or Illegally Exported Cultural Objects as approved by the UNIDROIT Committee of governmental experts on 8 October 1993 and Explanatory Report (prepared by the UNIDROIT Secretariat) – Rome, December 1994
UNIDROIT 1994 – Study LXX – Doc. 48
Committee of Governmental Experts on the International Protection of Cultural Property. Report on the fourth session (Rome, 29 September to 8 October 1993) (prepared by the UNIDROIT Secretariat) – Rome, February 1994
UNIDROIT 1993 – Study LXX – Doc. 47
Committee of Governmental Experts on the International Protection of Cultural Property. Working documents submitted during the fourth session of the committee (Rome, 29 September to 8 October 1993) (prepared by the UNIDROIT Secretariat) – Rome, February 1994
UNIDROIT 1993 – Study LXX – Doc. 46
Committee of Governmental Experts on the International Protection of Cultural Property.
Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Bulgaria) – Rome, September 1993
UNIDROIT 1993 – Study LXX – Doc. 45
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (India) – Rome, September 1993
UNIDROIT 1993 – Study LXX – Doc. 44
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Interpol) – Rome, September 1993
UNIDROIT 1993 – Study LXX – Doc. 43
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Canada, France) – Rome, September 1993
UNIDROIT 1993 – Study LXX – Doc. 42
Committee of Governmental Experts on the International Protection of Cultural Property. Commentary on the UNIDROIT preliminary draft Convention on Stolen or Illegally Exported Cultural Objects as revised June 1993 (prepared by Ms Lyndel V. Prott, Chief International Standards Section, Division of Physical Heritage, Unesco) – Rome, September 1993
UNIDROIT Committee of governmental experts on the International Protection of Cultural Property – 3rd session (Rome, 22 to 26 February 1993)
UNIDROIT 1993 – Study LXX – Doc. 41
Committee of Governmental Experts on the International Protection of Cultural Property. Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State – Rome, May 1993
UNIDROIT 1993 – Study LXX – Doc. 40
Committee of Governmental Experts on the International Protection of Cultural Property. Preliminary Draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (revised text prepared by the UNIDROIT Secretariat following the third session of the committee) – Rome, June 1993
UNIDROIT 1993 – Study LXX – Doc. 39
Committee of Governmental Experts on the International Protection of Cultural Property. Report on the third session (Rome, 22 to 26 February 1993) (prepared by the UNIDROIT Secretariat) – Rome, May 1993
UNIDROIT 1993 – Study LXX – Doc. 38
Committee of Governmental Experts on the International Protection of Cultural Property. Working papers submitted during the third session of the Committee (Rome, 22 to 26 February 1993) – Rome, April 1993
UNIDROIT 1993 – Study LXX – Doc. 37
Committee of Governmental Experts on the International Protection of Cultural Property. Regulation (EEC) N° 3911/92 of the Council of the European Communities of 9 December 1992 on the export of cultural goods – Rome, February 1993
UNIDROIT 1993 – Study LXX – Doc. 36
Committee of Governmental Experts on the International Protection of Cultural Property.
Commentary on the UNIDROIT preliminary draft Convention on Stolen or Illegally Exported Cultural Objects as revised June 1992 (prepared by Ms Lyndel V. Prott, Chief International Standards Section, Division of Physical Heritage, Unesco) – Rome, February 1993
UNIDROIT 1993 – Study LXX – Doc. 35
Committee of Governmental Experts on the International Protection of Cultural Property.Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Israel) – Rome, February 1993
UNIDROIT 1992 – Study LXX – Doc. 34
Committee of Governmental Experts on the International Protection of Cultural Property. Common position adopted by the Council of the European Communities of 9 December 1992 with a view to the adoption of a Directive on the return of cultural objects unlawfully removed from the territory of a Member State – Rome, December 1992
UNIDROIT 1992 – Study LXX – Doc. 33
Committee of Governmental Experts on the International Protection of Cultural Property.
Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Canada) – Rome, November 1992
UNIDROIT 1992 – Study LXX – Doc. 32
Committee of Governmental Experts on the International Protection of Cultural Property.
Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Finland, Netherlands, Sweden, Turkey and Venezuela) – Rome, November 1992
UNIDROIT Committee of governmental experts on the International Protection of Cultural Property – 2nd session (Rome, 20 to 29 January 1992)
UNIDROIT 1992 – Study LXX – Doc. 31
Committee of Governmental Experts on the International Protection of Cultural Property. Preliminary Draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (revised text prepared by the UNIDROIT Secretariat) – Rome, June 1992
UNIDROIT 1992 – Study LXX – Doc. 30
Committee of Governmental Experts on the International Protection of Cultural Property. Report on the second session (Rome, 20 to 29 January 1992) (prepared by the UNIDROIT Secretariat) – Rome, June 1992
UNIDROIT 1992 – Study LXX – Doc. 29
Committee of Governmental Experts on the International Protection of Cultural Property. Working papers submitted during the second session of the committee (Rome, 20 to 29 January 1992) – Rome, February 1992
UNIDROIT 1992 – Study LXX – Doc. 28
Committee of Governmental Experts on the International Protection of Cultural Property.
Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Thailand) – Rome, January 1992
UNIDROIT 1992 – Study LXX – Doc. 27
Committee of Governmental Experts on the International Protection of Cultural Property.
Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Germany) – Rome, January 1992
UNIDROIT 1992 – Study LXX – Doc. 26
Committee of Governmental Experts on the International Protection of Cultural Property.
Observations of Governmental delegations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Israel) – Rome, January 1992
UNIDROIT 1992 – Study LXX – Doc. 25
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of International Organisations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Unesco, Interpol) – Rome, January 1992
UNIDROIT 1992 – Study LXX – Doc. 24
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of Governments on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Canada, China, France, Islamic Republic of Iran, Norway, Sweden and Turkey) – Rome, January 1992
UNIDROIT Committee of governmental experts on the International Protection of Cultural Property – 1st session (Rome, 6 to 10 May 1991)
UNIDROIT 1991 – Study LXX – Doc. 23
Committee of Governmental Experts on the International Protection of Cultural Property. Report on the first session (Rome, 6 to 10 May 1991) – Rome, July 1991
UNIDROIT 1991 – Study LXX – Doc. 22
Committee of Governmental Experts on the International Protection of Cultural Property. Working papers submitted during the first session of the committee (Rome, 6 to 10 May 1991) – Rome, July 1991
UNIDROIT 1991 – Study LXX – Doc. 21
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of International Organisations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Asian-African Legal Consultative Committee, ICPO – Interpol) – Rome, April 1991
UNIDROIT 1991 – Study LXX – Doc. 20
Committee of Governmental Experts on the International Protection of Cultural Property. Observations of International Organisations on the preliminary draft UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (Canada, Mexico, Sweden, Turkey) – Rome, April 1991
UNIDROIT Study Group on the International Protection of Cultural Property: 1st session (Rome, 12 to 15 December 1988 / 2nd session (Rome, 13 to 17 April 1989) / 3rd session (Rome, 22 to 26 April 1990)
UNIDROIT 1990 – Study LXX – Doc. 19
The International Protection of Cultural Property. Preliminary draft Convention on Stolen or Illegally Exported Cultural Objects approved by the UNIDROIT study group on the international protection of cultural property, with Explanatory Report (prepared by the Secretariat) – Rome, August 1990
UNIDROIT 1990 – Study LXX – Doc. 18
The International Protection of Cultural Property. Summary report on the third session of the UNIDROIT study group on the international protection of cultural property, held at the seat of the Institute from 22 to 26 January 1990 (prepared by the UNIDROIT Secretariat) – Rome, May 1990
UNIDROIT 1989 – Study LXX – Doc. 17
The International Protection of Cultural Property. Communication from the Commission of the European Communities to the Council on the protection of national treasures possessing artistic, historic or archaeological value: needs arising from the abolition of frontiers in 1992 – Rome, December 1989
UNIDROIT 1989 – Study LXX – Doc. 16 Add. 2
The International Protection of Cultural Property. Observations relating to the preliminary draft Convention on the restitution and return of cultural objects (Study LXX – Doc. 15) – Rome, December 1989
UNIDROIT 1989 – Study LXX – Doc. 16 Add. 1
The International Protection of Cultural Property. Observations relating to the preliminary draft Convention on the restitution and return of cultural objects (Study LXX – Doc. 15) – Rome, December 1989
UNIDROIT 1989 – Study LXX – Doc. 16
The International Protection of Cultural Property. Observations relating to the preliminary draft Convention on the restitution and return of cultural objects (Study LXX – Doc. 15) – Rome, December 1989
UNIDROIT 1989 – Study LXX – Doc. 15
The International Protection of Cultural Property. Preliminary draft Convention on the restitution and return of cultural objects (prepared by the UNIDROIT Secretariat in the light of the discussions of the study group on the international protection of cultural property at its second session held in Rome from 13 to 17 April 1989 – Rome, July 1989
UNIDROIT 1989 – Study LXX – Doc. 14
The International Protection of Cultural Property. Summary report on the second session of the UNIDROIT study group on the international protection of cultural property, held at the seat of the Institute from 13 to 17 April 1989 (prepared by the UNIDROIT Secretariat) – Rome, June 1989
UNIDROIT 1989 – Study LXX – Doc. 13
The International Protection of Cultural Property. Notes on the first session of the UNIDROIT study group on the international protection of cultural property (submitted by Ms Lyndel V. Prott) – Rome, March 1989
UNIDROIT 1989 – Study LXX – Doc. 12
The International Protection of Cultural Property. Summary of the statement of Mr Pieter Van Nuffel (observer representative of the Commission of the European Communities) at the first session of the UNIDROIT study group on the international protection of cultural property – Rome, March 1989
UNIDROIT 1989 – Study LXX – Doc. 11
Preliminary draft Convention on the restitution and return of cultural objects (prepared by the UNIDROIT Secretariat) – Rome, February 1989
UNIDROIT 1989 – Study LXX – Doc. 10
The International Protection of Cultural Property. Summary report on the first session of the UNIDROIT study group on the international protection of cultural property, held at the seat of the Institute from 12 to 15 December 1988 (prepared by the UNIDROIT Secretariat) – Rome, January 1989
UNIDROIT 1989 – Study LXX – Doc. 9
The International Protection of Cultural Property. UNIDROIT draft Convention providing a Uniform Law on the Acquisition in Good Faith of Corporeal Movables (LUAB, 1974) – Rome, January 1989
UNIDROIT 1989 – Study LXX – Doc. 8
The International Protection of Cultural Property. UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (14 November 1970) – Rome, January 1989
UNIDROIT 1988 – Study LXX – Doc. 7
The International Protection of Cultural Property. Observations submitted by Ms Lyndel Prott – Rome, December 1988
UNIDROIT 1988 – Study LXX – Doc. 6
The International Protection of Cultural Property. Good faith redefined. A practical solution (paper prepared by Richard Crewdson, Chairman, Cultural Property Committee International Bar Association (SGP)) – Rome, November 1988
Documents:
UNIDROIT 1988 – Study LXX – Doc. 5
The International Protection of Cultural Property. Extract from the report of the 67th session of the Governing Council (Rome, 14 to 17 June 1988) relating to item 5 (d) on the agenda (C.D. 67 – Doc. 8; Study LXX – Docs. 2 and 3) (prepared by the UNIDROIT Secretariat) – Rome, October 1988
UNIDROIT 1988 – Study LXX – Doc. 4
The International Protection of Cultural Property. Second study requested from UNIDROIT by UNESCO on the International protection of Cultural Property with particular reference to the rules of private law affecting the transfer of title to Cultural Property and in the light of the comments received on the first study (prepared by Gerte Reichelt, Univ. Dozent at the Vienna Institute of Comparative Law) – Rome, April 1988
UNIDROIT 1988 – Study LXX – Doc. 3
Preliminary draft Convention on the restitution of cultural property (drawn up by Mr Roland Loewe in the light of the two studies prepared by Mme G. Reichelt) – Rome, June 1988
UNIDROIT 1988 – Study LXX – Doc. 2
Outlines for a private law Convention on the International Protection of Cultural Property (submitted by Mr Riccardo Monaco, President of UNIDROIT) – Rome, May 1988
UNIDROIT 1986 – Study LXX – Doc. 1
The protection of Cultural Property. Study requested by UNESCO from UNIDROIT concerning the international protection of cultural property in the light in particular of the UNIDROIT draft Convention providing a Uniform Law on the Acquisition in Good Faith of Corporeal Movables of 1974 and of the UNESCO Convention of 1970 on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (prepared by Gerte Reichelt Univ. Dozent of the Vienna Institute of Comparative Law) – Rome, December 1986