Author Information
Author: Folarin Shyllon
Position: Professor
Institution: Faculty of Law, University of Ibadan, Nigeria
Paper Details
Title: The Recovery of Cultural Objects by African States through the UNESCO and UNIDROIT Conventions and the Role of Arbitration
Author: Folarin Shyllon
Journal: Uniform Law Review / Revue de droit uniforme
Volume: 5
Issue: No. 2
Year: 2000
Pages: 219–240
Subject Area: International Law, Cultural Heritage Law, Cultural Property, Arbitration
Overview
This paper examines the legal mechanisms available to African States for recovering stolen, illegally exported, and otherwise displaced cultural objects. It focuses on the 1970 UNESCO Convention on the illicit import, export and transfer of cultural property and the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects.
The author argues that African States are particularly vulnerable to the illicit trade in cultural property but have not made sufficient use of available international mechanisms for protecting and recovering their cultural heritage.
The paper reviews litigation in foreign courts, the UNESCO Convention, UNESCO’s Intergovernmental Committee, bilateral agreements, and the UNIDROIT Convention. It gives particular attention to arbitration under Article 8(2) of the UNIDROIT Convention and considers whether arbitration could provide African States with a more effective means of resolving disputes involving cultural objects.
Main Areas Discussed
- Protection of African cultural heritage
- Illicit trafficking in cultural property
- Stolen and illegally exported cultural objects
- Removal of African cultural objects during the colonial period
- Restitution and return of cultural property
- Litigation in foreign courts
- Evidentiary challenges in cultural property claims
- 1970 UNESCO Convention
- 1995 UNIDROIT Convention
- UNESCO Intergovernmental Committee
- Bilateral negotiations and agreements
- International cooperation in cultural property recovery
- Inventories and documentation of cultural objects
- Financial barriers to international recovery proceedings
- Legal aid for cultural property claims
- Arbitration of cultural property disputes
- Article 8(2) of the UNIDROIT Convention
- Mediation and alternative dispute resolution
- Recovery of African cultural objects held abroad
Key Themes
- International Law
- Cultural Heritage Law
- Cultural Property
- Arbitration
- UNESCO
- UNIDROIT
- Restitution
- Repatriation
- Stolen Cultural Objects
- Illegally Exported Cultural Objects
- Illicit Trade
- Colonial-Era Cultural Property
- International Conventions
- Alternative Dispute Resolution
- African Cultural Heritage
About the Article
The paper examines the continuing loss of African cultural property and the legal options available to African States seeking its recovery. While much attention following independence focused on cultural objects removed during colonial rule, the author argues that African States must also address the continuing theft, pillage, illicit excavation, and illegal export of cultural objects.
The article reviews several mechanisms for recovery. These include litigation before foreign courts, claims under the UNESCO Convention, use of UNESCO’s Intergovernmental Committee for Promoting the Return of Cultural Property, and bilateral negotiations with States holding cultural objects.
The author identifies significant obstacles to recovery, including evidentiary difficulties, inadequate inventories of cultural collections, the high cost of foreign litigation, limited resources, and insufficient use of international mechanisms already available to African States.
Particular attention is given to the 1995 UNIDROIT Convention. Article 8(2) permits parties to agree to submit disputes involving stolen or illegally exported cultural objects to arbitration. The paper considers how an arbitration framework could be structured to provide a practical and accessible alternative to litigation.
The author ultimately calls for African States to make greater use of international legal mechanisms for the protection and recovery of their cultural heritage. The paper emphasizes stronger documentation, international cooperation, financial assistance for recovery claims, and a user-oriented arbitration system.
Suggested Citation
Shyllon, Folarin, “The Recovery of Cultural Objects by African States through the UNESCO and UNIDROIT Conventions and the Role of Arbitration,” Uniform Law Review / Revue de droit uniforme, Vol. 5, No. 2 (2000), pp. 219–240.