Antoinette Maget
(Paris, France)
Following the ratification of the 1970 UNESCO Convention, Switzerland and Great Britain have transposed the recommendations expressed in two texts : Loi sur le Transfert des Biens Culturels in Switzerland and the Dealing with cultural Object (Offence) Act in Great Britain. In examining the situation before those texts came into force, the critics done to existing tools and the proceeding that led to the writing of those laws, all this brings to light the steps leading to the elaboration of the texts. And on the basis of documents produced during the time of preparation, a reflection is possible on the making of new texts in a subject like art dealing that is loaded with taboos and traditions.
The study of the situation that prevails since these legislations came into force leaves a question hovering on the applicability and ‘efficiency’ of such measures: Answer to the faults denounced before? Pertinence in regard to the restriction of unlawful dealing? Reinforcement of parallel dealing? Echoes having been emitted since by the people touched by the exigencies of those texts?
A comparative approach based as well on doctrine as on medias permit to conclude that these texts are above all the sign that consideration for other people patrimony has become a moral obligation for everybody and are also a glimpse of hope with regard to an improvement upon international cooperation in matters of the traffic of cultural objects and protection for the movable and real patrimony.
Keywords: UNESCO 1970, New Legislations, Protection of Cultural Goods, Art Dealing Comparative Case