CULTURAL PROPERTY WORKSTREAM

UNIDROIT has elaborated both hard law and soft international tools aimed atĀ strengthening the legal framework of States with minimal uniform rules aiming at facilitating the restitution and return of stolen or illegally exported cultural objects. Not only does it effectively combat abusesĀ committed in the international trade in cultural goods, but it also contributes to increasing legal certainty in the circulation and trade of cultural goods worldwide. UNIDROIT’s flagship instruments in this field are the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects (1995) and theĀ UNESCO-UNIDROIT Model Legislative Provisions on State Ownership of Undiscovered Cultural Objects (2011).Ā Work in this area is ongoing, with the current project focusing on Private Art Collections – Orphan Objects.

  • First Meeting (online, 30 July 2025)

The first meeting introduced the objectives, scope and timeline of the Cultural Property Workstream.

The Committee discussed the draft Inception Report and agreed to give particular attention to the impact of the 1995 UNIDROIT Convention, including its influence on domestic legislation and case law, barriers to ratification and its relationship with the 1970 UNESCO Convention. Members also identified areas for individual contributions and considered future directions for UNIDROIT’s work in cultural property.

  • Second Meeting (online, 12 September 2025)

The second meeting focused on the scope, structure and organisation of the White Paper drafting process.

The Committee considered how to build on the Inception Report and integrate members’ thematic contributions, while ensuring appropriate coverage of the UNESCO–UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects and the ongoing Project on Orphan Cultural Objects. Members also discussed approaches to assessing impact and agreed on a timeline for initial draft contributions.

  • Third Meeting (online, 5 February 2026)

The third meeting focused on developing a common structure for the White Paper and planning the consultation workshop.

The Committee discussed organising the White Paper around an overview of UNIDROIT’s work, an assessment of impact and implementation, and recommendations for future work. Members also considered broadening the regional analysis of the 1995 Convention and agreed that the ongoing Project on Orphan Cultural Objects required a different analytical approach. The Secretariat undertook to prepare a proposed outline in coordination with the Chair.

  • Fourth Meeting (online, 18 March 2026)

The fourth meeting reviewed the proposed structure of the White Paper prepared by the Secretariat.

The Committee discussed streamlining the introductory sections and strengthening the assessment of the 1995 Convention’s impact through domestic legislation, case law, regional developments and potential emerging customary international law. Members also considered engagement with the Convention and to develop both instrument-specific and general recommendations. It finally discussed task allocation and arrangements for the consultation Workshop.

  • Fifth Meeting (online, 22 September 2026)

The fifth meeting focused on preparations for the Workshop and the further development of the draft White Paper.

The Committee discussed the Workshop arrangements and the additional input needed before the consultation. Members considered revisions and further contributions to strengthen some parts of the draft White Paper.

  • Sixth Meeting (hybrid, 29 September 2026)

The sixth meeting took place after the Workshop to debrief on the comments received during the Workshop and give the Secretariat guidelines on how to incorporate them into the draft.

  • Seventh Meeting (online, 27 October 2026)

The seventh meeting conducted a detailed review of the modifications proposed by the Secretariat to the draft White Paper in light of the feedback and comments received during the Workshop.

The Committee reviewed all proposals and considered specific amendments to the wording and content of each section. It continued to discuss the question of the customary international law and members submitted two more proposals for future work to incorporate into the draft White Paper.

Cultural Property Workshop (Rome, hybrid, 29 September 2026)

The Workshop brought together Committee members and invited other experts to discuss the draft White Paper on Cultural Property. The discussions covered the implementation and impact of the adopted instruments (1995 UNIDROIT Convention and UNESCO–UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects), as well as the ongoing elaboration of the Project on Orphan Cultural Objects.

Professor Manlio Frigo, Chair of the Cultural Property Workstream Committee, opened the Workshop and introduced the draft White Paper. The opening session addressed the relevance of uniform law to cultural property, inviting reflection on the scope and structure of the White Paper and on the conceptual foundations, functions and core domains of private law in this field.

The Workshop was organised around three panels: the first panel examined the impact of the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects and the 2011 UNESCO–UNIDROIT Model Provisions on State Ownership of Undiscovered Cultural Objects, the second panel focused on UNIDROIT’s ongoing work on Private Art Collections – Orphan Objects and the third panel addressed reflections and recommendations for future work outlined in the draft White Paper.

Participants commented in particular the influence of UNIDROIT instruments on legislation and case law, due diligence standards, barriers to ratification and Indigenous participation. They also considered practical guidance for accession and implementation, further research on customary international law and colonial restitution, and cooperation with other organisations. The discussions provided feedback for the further revision of the White Paper.