Versión española en preparación
This legal training is comprised of several modules: international law, national legislation and modalities of return and restitution, such as the following:
Module 1: International legislation
Study of international legal instruments regarding the protection of cultural heritage and the fight against the illicit trafficking of cultural property, including restitution, as well as other related crimes;
- UNESCO Conventions: Convention for the Protection of Cultural Property in the Event of Armed Conflict (adopted at The Hague in 1954) and its two Protocols; the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property; and the 2001 Convention for the Protection of the Underwater Cultural Heritage;
- 1995 UNIDROIT Convention;
- 2000 Palermo Convention against transnational organized crime;
- Council Directive 93/7/EEC of 15 March 1993 on the return of cultural objects unlawfully removed from the territory of a Member State;
- Other legal aspects: good faith, administrative and criminal sanctions, fair compensation, possession of stolen goods, diligence, etc.;
- Study of the mechanisms of ratification of international instruments and conclusion of bilateral agreements.
Module 2: National legislation
- Evaluation, revision and reinforcement of national rules for the protection of cultural heritage and the fight against the illicit trafficking of cultural property;
- Evaluation of national mechanisms for the protection of cultural heritage, the fight against the illicit trafficking of cultural property and their restitution: circulation of information between ministries and local cooperation services, cooperation with regional and international partners (UNESCO Offices, national INTERPOL offices, Liaison offices of the World Custom Organization, national ICOM Committees, etc.) ;
- UNESCO Database of National Cultural Heritage Laws;
- Study of best practices for the legal protection of cultural heritage.
Module 3: Return and restitution modalities
- Presentation of legal and extralegal procedures for the return and restitution of stolen and illicitly exported cultural property;
- Role of the Intergovernmental Committee for Promoting the Return of Cultural Properpty to its Countries of Origin or its Restitution in case of Illicit Appropriation;
- Mises en contexte pratiques basées sur des cas existants ou virtuels de demande de restitution de biens culturels et analyse détaillée de ces cas ;
- Practical and contextual analysis of existing or virtual requests for the restitution of cultural property;
- UNESCO Rules of procedure for mediation and conciliation;
- Alternate modes of resolution of differences related to the restitution of cultural property.