Review of Patrick J. O'keefe Commentary on the 1970 UNESCO Convention (Institute of Art and Law, 2007, 2nd Edn) Xiv + 217 Pp (Book Review)
Art Antiquity & Law 2010, Oct, 15, 3
-
- $5.99
-
- $5.99
Publisher Description
November 2010 marks the 40th anniversary of the adoption of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property ('Convention'). (1) Now with 120 States Parties, (2) the Convention represents the principal international legal instrument addressing the movement of cultural property. In the second edition of his Commentary on the 1970 UNESCO Convention ('Commentary'), cultural heritage law expert and Australian national Patrick J. O'Keefe provides the most thorough treatment of the Convention to date--contextualising it in Part I, analysing its text in Part II, reviewing selected implementation efforts in Part III, and assessing its impact in Part IV. Incorporating judicial opinions and scholarship from around the world, the Commentary is an indispensable resource for anyone teaching, writing, or thinking about the Convention. At the same time, as its title reflects, the Commentary also provides an individualised, critical analysis. With more than 30 years of experience in the field, O'Keefe has naturally formed his own opinions about the Convention, and he does not hesitate to advocate them. The Commentary thus serves both as a compendium of information and as the medium through which O'Keefe transmits his views. O'Keefe introduces the Convention in Part I by concisely recounting its origins, explaining its complex relationship with other legal instruments affecting cultural property, and identifying recurring issues such as retroactivity, import/ export controls, enforcement at the border, and limitation periods. By the end of this introductory part, O'Keefe's central observation begins to take shape: if the Convention is to thwart effectively the illicit trade in cultural property, market nations must interpret and implement its terms in a broad fashion.