The International Movement of Cultural Objects

Abstract

The view that “cultural property internationalism” (Merryman) is represented by the Hague Convention 1954 and that it has been departed from in later UNESCO instruments can be challenged. Words which carry particular connotations can distort the argument—propertyis one of them, socultural propertyis already a loaded term. The historical sources used to buttress the modern argument for more liberal trade in cultural objects bear other interpretations. Similarly, UNESCO's mandate has been narrowed in a way not justified by its constitution. UNESCO's later instruments, such as the 1970 Convention, do not represent an aversion to the art market, as is witnessed by its development on an international Code for Dealers. However, the art trade at present is based on the secrecy of transactions, and this has led to a number of scandals. Neither assessment of the interests at stake nor treaties on human rights or trade require tolerance of these practices.

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