Abstract

LEVRAND, Norma Elizabeth; CANTAR, Nahir  and  ENDERE, María Luz. Comparative Analysis of Legislation on Illicit Trafficking of Cultural Property in Latin America and the Caribbean. Bol. Mex. Der. Comp. [online]. 2022, vol.55, n.165, pp.121-166.  Epub Dec 12, 2023. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2022.165.18608.

The illicit trafficking of cultural property is one of the leading causes of the impoverishment of the cultural heritage of States and their communities. Different organizations promote the international fight against this crime through legal, political and judicial measures. This paper will analyze the legislation of those Latin American and Caribbean countries that have ratified the UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.

The technique of comparative analysis of the 27 national legislations is used in four variables initially determined as relevant: definition of cultural property, ownership regime, applicable norms for the fight against illicit trafficking of cultural property and regulation of trade in cultural property.

As a result, the ratification rate of the main international conventions related to trafficking in cultural property and the development of national regulations show the implementation of international provisions at the sub-national level. Likewise, the legislation of the States in the region provides relevant information about the States’ possibilities to reclaim these objects in the event that they are identified as stolen, larceny or illegally exported.

Keywords : illicit trafficking of cultural properties; comparative law; international law; cultural heritage.