The Return of Illegally Exported Cultural Heritage Objects: A Comparative Analysis of the Legislation of the Republic of Azerbaijan and International Treaties

Abstract

The author examines the features of the legal regulation of the return of illegally exported cultural heritage objects. International agreements are considered as a legal basis, in particular the UNESCO Convention on the Means of Prohibiting and Preventing the Illegal Import, Export and Transfer of Ownership of Cultural Property, 1970, and the UNIDROIT Convention on Stolen or Illegally Exported Cultural Property, 1995. The legislation of the Republic of Azerbaijan and the norms of international treaties are compared. A comparative analysis of the restitution of cultural heritage objects and the return of illegally exported cultural heritage objects is carried out, the signs of restitution and the features of the return of cultural heritage objects are formulated.

The author concludes that in order to effectively ensure the return of cultural heritage objects, it is necessary to harmonize the norms of national legislation with the norms of international law. In doing so, the supremacy of generally accepted principles and norms of international law should be recognized and violation of public order of the state of origin should be avoided.