The International Legal Setting

Transcription

1 Radiocarbon Dating and the Protection of Cultural Heritage November 16, ETH, Zurich The International Legal Setting Professor Marc-André Renold University of Geneva, Switzerland

2 Outline I. The Illicit Traffic in Antiquities A Recent Illustration in Switzerland and the Role of Science II. The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Cultural Property III. The 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects IV. The 2017 Council of Europe Convention on Offences Relating to Cultural Property V. Conclusion

3 Roman Sarcophagus AD Provenance:: Perge, Turkey

4 The Roman Sarcophagus Case (Swiss and Turkish Courts ; Restitution to Turkey on Sept. 6, 2017)

5 The Roman Sarcophagus Case Introduction: Case started by Swiss Customs in Geneva (December 2010) Major investigation by the Geneva Public Prosecutor Restitution order (21 September 2015) Appeal by dealer rejected (May 2016) Appeal before the Swiss Supreme Court withdrawn (2017)

6 The Roman Sarcophagus Case Facts: Illicit excavation in Perge Present possessor claims acquisition in good faith many years ago Was exported in the UK from Switzerland to be restored before the new 2003 Swiss law (KGTG) and reimported many years later

7 The Roman Sarcophagus Case Some Scientific Issues: Provenance of the marble (database) Provenance of the soil (sample comparison, but no organic material) Iconographic study confirming the finalisation of the sarcophagus in Dokimeion/Perge Issue of the iron used for the restauration (made in the Antiquity)?

8 The Roman Sarcophagus Case Some Legal Issues: Provenance (illicit excavation in Perge) Applicability of the 1970 UNESCO Convention? Applicability of the 2003 Swiss law implementing 1970 UNESCO Convention (KGTG)? Good faith of the present possessor?

9 Lessons to be learned from this case Importance of interdisciplinarity (public institutions, archaeologists, art historians, lawyers and scientists must work together). State of origin must be proactive! Cooperation among national authorities is essential. Patience

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12 * The UNESCO Convention: a brief history * The legal nature of the Convention s rules : «non self-executing» *The goals of the Convention * Ratification status as of November 2017 (134 States: a majority of these States are source countries, but recent ratifications include artmarket States, such as the UK, Switzerland, Germany, the Netherlands, Belgium Austria; Jordan ratified in 1974)

13 III. The Unidroit Convention on Stolen or Illegally Exported Cultural Objects (Rome, 24 June 1995)

14 * The Unidroit Convention : a brief history * The legal nature of the rules of the Convention: «self-executing» * The goals of the Convention * Ratification status as of November 2017 (41 States)

15 Latin America Asia/Middle East (11) (6) Argentina Bolivia Brazil El Salvador Equador Guatemala Paraguay Peru Panama Honduras Colombia Afghanistan Azerbaïdjan Cambodia China Iran Laos

16 European Union Europe (ex-eu) (14) (3) Cyprus Greece Finland Hungary Italy Lituania Portugal Roumania Slovakia Slovenia Spain Sweden Denmark Croatia Norway Macedonia Bosnia

17 Africa Oceania (6) (1) Gabon New Zealand Nigeria Angola Algeria Tunisia Botswana

18 IV. The 2017 Council of Europe Convention on Offences relating to Cultural Property

19 * The Council of Europe Convention : a brief history * The legal nature of the rules of the Convention (criminal law) * The goals of the Convention * Signature status as of November 2017 (9 States: Armenia, Cyprus, Greece, Italy, Portugal, San Marino, Slovenia, Ukraine, Mexico)

20 V. Conclusion

21 1. The international community is attempting to fight against the illicit trade in cultural property and its destruction, mainly by adopting international Treaties promoting international cooperation for cases which arise after the Treaties are ratified.

22 2. Some progress has been made, but much remains to be done, especially for cases which took place before the international Treaties were ratified. In such cases the use of alternative methods of dispute resolution can lead to appropriate solutions.

23 3. The role of scientific methods of analysis is not taken into account by the international conventions in the field, be they old or new. The questions arising out of them should be dealt with at the level of codes of conduct and/or rules of professional due diligence. In this respect Academic labs should play an important standard setting role.