The UNESCO Convention 1970

74. The UNESCO Convention, 1970 can be broadly divided into three parts: (a) Preventive measures like Inventories, export certificates, monitoring trade, imposition of penal or administrative sanctions, educational campaigns, etc. (b) Restitution provisions like Articles 7(b)(ii) and 13 of the Convention requiring States Parties to undertake, at the request of the country of origin, appropriate steps to recover and return cultural property and (c) International cooperation framework including strengthening cooperation among and between States Parties is present throughout the Convention.

75. Article 1 of the UNESCO Convention, 1970 defines cultural property as “property which, on religious or secular grounds, is specifically designated by

There are 50 nations which are signatories to the UCH, 2001 demonstrating their intent to be bound to the terms of the Convention. The perambulatory clauses acknowledge the importance of underwater cultural heritage as an integral part of the cultural heritage of humanity and a particularly important element in the history of peoples, nations, and their relations with each other concerning their common heritage.

88. Under article 1(1) (a), it is not just the wreck of the ship but also the cargo found which is covered under the definition of UCH, 2001. Article 4 states that law of salvage shall be subject to authorization by ‘competent authorities’. Thus, Article 4 also applies to all the items which are found on board a ship at the time of its capsizing.

89. Article 9(5) states that any State Party may declare to the State Party in whose EEZ or on whose continental shelf the underwater cultural heritage is located its interest in being consulted on how to ensure the effective protection of that underwater cultural heritage. Such declaration shall be based on a verifiable link, especially a cultural, historical or archaeological link, to the underwater cultural heritage concerned. Thus, this makes it clear that it is only the State which can prove a direct and verifiable link to the cargo that has the right to declare interest in the items so

The intent to foster cultural internationalism has continued in the UNIDROIT Convention, 1995. The Convention in its perambulatory clauses refers to “the fundamental importance of the protection of cultural heritage and of cultural exchanges for promoting understanding between peoples, and the dissemination of culture for the well-being of humanity and the progress of civilization.” Furthermore, “preservation of local cultural heritage deserves international attention because that heritage is ultimately “in the interest of all.”

105. The general principle of return of the cultural objects is stipulated under Article 3. The drafters of the Convention suggest two types of limitation periods. Generally, claims for stolen cultural objects should be brought within a period of three years from the time when the claimant knew the location of the cultural object and the identity of its possessor; and in any case, within a period of fifty years from the time of the theft. The aforesaid principle of limitation has to be read in light of the non-retroactivity of the Convention. It applies only to stolen and illegally exported cultural objects after its entry into force.

106. The absence of a treaty clause subordinating the rules on state immunity to its obligations, as well as the small number of States parties, make the UNIDROIT Convention an uncertain means for determining the state of the law in the area of restitution of cultural property, also considering the shortage of pertinent