Taking Transnational Cultural Heritage Seriously: Towards a Global System for Resolving Disputes over Stolen and Illegally-Exported Art (Essay‪)‬

Let us say, hypothetically, that I own a Corot painting (1) which is positioned squarely above the fireplace in my apartment, affectionately displaying its warm Impressionist depiction of the Italian sunset for all to see. If the painting is authentic, its acquisition would prove to be quite the bargain. Yet, in the course of chasing the 'bargain', I may well have got more than I bargained for, as my purchase would undoubtedly have brought with it many interesting legal questions. For instance, I have no idea under what circumstances the painting left Italy. Was a proper export permit obtained? If there wasn't one, did I acquire good title from the previous owner? Even being a bona fide purchaser, would I suffer any negative legal consequences if I ever took the painting back to Italy? (2) More importantly, should either the US or the Italian Government do anything about the exporter? Should the acts of illegal exportation be deterred and, if so, what means should be used? Is it more important to allow buyers such as myself to admire cultural property purchased in good faith or should restrictions be placed on my enjoyment of the property? If restrictions are desirable, what degree of governmental intervention is permissible? How can the restrictions be effectively enforced? The illegal acquisition and exportation of cultural property has long been a global problem, (3) but the issues have been thrust into the spotlight during the modern times with the dramatic examples of smuggling out of Iraq (4) and Hong Kong. (5) When faced with the prospect of losing their heritage, countries must struggle to create a policy to balance the need to maintain a vibrant economy with the need to protect their cultural resources. The UNESCO 1970 Convention is one commonly-deployed mechanism for managing illegal exportation of cultural property.