Saving Culture, but Passing the Buck: How the 1970 UNESCO Convention Undermines Its Goals by Unduly Targeting Market Nations

Authors

• Janene Marie Podesta, Benjamin N. Cardozo School of Law

Abstract

The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, while well-intentioned, undermines its goals by adopting a nationalistic approach that disproportionately burdens market nations. This bias leads to ineffective enforcement and incentivizes black-market activities, failing to curb the illicit trade of cultural property. The Convention's emphasis on source nations' ownership claims often results in penalizing market nations, discouraging cooperation and perpetuating the problem.

Disciplines

Law | Legal Remedies

Recommended Citation

Janene M. Podesta, Saving Culture, but Passing the Buck: How the 1970 UNESCO Convention Undermines Its Goals by Unduly Targeting Market Nations, 16 Cardozo J. Int'l & Comp. L. 457 (2008).
Available at: https://larc.cardozo.yu.edu/cjicl/vol16/iss2/5