International protection of cultural property: some preliminary issues and the role of international conventions

Since cultural property is an irreplaceable expression of, and testimony to, the cultural identity of a nation, people or group, the protection of cultural property demonstrates respect for history, culture and tradition. As the demand for cultural property increases, illicit trafficking of cultural property continues to grow. As a result, the frequency of international disputes over the return of cultural property that was removed illegally is currently on the rise. Whether such property must be returned is still heatedly debated worldwide today.

Nevertheless, consensus has been reached that effective measures must be taken to curb the illegal flow of cultural property and to improve the protection of cultural property at both the national and international level. Recognising that the single effort of one nation, no matter how diligent and intense, is not sufficient by itself to stop the illicit trafficking of cultural property, the international community has responded promptly, reinforcing bilateral as well as multilateral co-operation, which has become one of the key elements in the effective protection of cultural property.