문화재의 불법유통 근절을 위한 국제규범의 형성과 발전

Abstract

Today, the need to prevent and fight the illicit trafficking of cultural property resonates strongly with global citizens. The problem of looting, illegal exportation and trading of cultural property is an ongoing global issue from the past to the present. The international community has long recognized this problem and has steadily developed international norms to combat the illicit trafficking of cultural property. The three major international conventions for the protection of cultural property are the 1954 Hague Convention, the 1970 UNESCO Convention, and the 1995 UNIDROIT Convention. The specific contents of these three conventions have already been introduced in the academic literature. However, the author believes that it is necessary not to examine the three international conventions in isolation, but to trace their historical development and examine the formation process of related international norms in a diachronic manner, and to understand the interrelationship syntagmatically between the content and function of the three international conventions based on the common idea that runs through them. In Part I of this paper, the author introduced the aforementioned problem. The author examined the historical background of humanity's attempts to develop international norms for cultural property(Part II) and researched how the international community had developed international norms for the protection of cultural property prior to the formation of the three international conventions (Part Ⅲ). And then, he looked into the content of the three international conventions based on these preceding international norms, and how the three international conventions have evolved over time(Part Ⅳ). Based on these considerations, he concluded with an opinion on the direction that Korean legislation should take with respect to the three international conventions(Part V).