Unlawful removal and trafficking of cultural property : an analysis and comparative overview

Abstract

The unlawful removal and trafficking of cultural property is not a recent development. Cultural property has been the target of theft and unlawful exportation for centuries however in recent times the demand from the international market for cultural objects has widely contributed to the dangers affecting such property. Although it has become an increasing universal problem affecting all nations to a varying degree, States are becoming more aware of their cultural heritage and joining in the effort with other States to curb these dangers. The aim of this thesis is to determine whether this area is adequately catered for under Maltese legislation and whether we are actively involved in this fight with other States. Unfortunately what transpires is that there are many grey areas within our law which need to be improved upon. Chapter 1 investigates which offences are sanctioned under the law with a view to discovering whether theft and unlawful exportation are satisfactorily sanctioned within the Criminal Code and Cultural Heritage Act. What emerges is the need of setting up a new regime in order to specifically sanction the theft of cultural property with additional proposals to ensure a more comprehensive legal framework for unlawful exportation. Chapter 2 considers movement and export of cultural property and the ways of enhancing protection in this area. Chapter 3 deals with practical measures which should complement the law in order to guarantee the best form of protection possible. Chapter 4 analyses the international conventions and regional initiatives which set up a return mechanism for stolen and illegally exported property. These find an important place within this thesis as they are the only instruments which aim to diminish the effects of illicit trade and establish a procedure for unlawfully removed objects to be returned to their country of origin.