Commentaries on the UNESCO Convention 1970

The Convention does not apply retroactively: it covers only illicit transfers after its entry into force in the States concerned. Property that left a country in 1950 is therefore not covered by the Convention itself, even if other rules, national or ethical, may lead to its return.

This limit explains why many historical claims are settled through negotiation, mediation or bilateral agreements rather than by direct application of the text.

The text provides for fair compensation for the good-faith acquirer of stolen and inventoried property. The interpretation of good faith varies: some judges require a serious examination of provenance, others are satisfied with the absence of knowledge of the theft.

The trend is towards demandingness: good faith is increasingly assessed by the standard of the diligence performed. The 2019 OIMAP directives have accentuated this movement by defining precisely the checks expected of a professional.

Several debates animate the doctrine: should the notion of cultural property be extended to digital data, how to treat property exported before 1970 but whose departure was already contestable, and what role for mediation in restitutions?

These debates feed OIMAP's work, which devoted a symposium in 2023 to the future of the Convention. The proceedings have been published in the legal library and feed the ongoing consultations.