Creative Commons

This dissertation was written as part of the MSc in Art Law and Arts Management at the International Hellenic University. The subject of this dissertation is a comparative overview of two fundamental legal instruments, the 1970 UNESCO Convention and the 1995 UNIDROIT Convention. Both UNESCO and UNIDROIT are two organizations that have made a decisive contribution with their legislation to the fight against many phenomena, including the illicit trafficking of cultural goods. What constitutes a protected cultural property differs as perception depending on which theory is adopted by each of us. The diametrically opposed perception, however, leads to conflicts between States. The disputes ended with the adoption of these two legal instruments, which define what is considered a protected cultural property, what measures Member States are required to take to prevent the phenomenon, and what is the procedure to be followed in case of claims for return and restitution of cultural property. Obviously, there are many similarities between these two legal instruments. Respectively, there are, also, many differences between them. The source of their differences is that the 1970 UNESCO Convention is a public international law instrument, while the 1995 UNIDROIT Convention is a private international instrument. One legal instrument focuses on the obligations of the respective governments and the competent national authorities of the Member States, while the other focuses on individuals seeking restitution for their stolen cultural property. What is certain, however, is that one legal instrument overlaps and complements the other, thus providing a framework of full protection for States that have both adopted them.