Legislative and Policy Responses to the Illicit Trafficking of Cultural Property in the European Union An historical inquiry into the legal means and methods employed by the EU and its northern Member states to protect cultural property from illicit trafficking

This doctoral dissertation is an historical analysis of the legislative and policy responses to the phenomenon that is illicit trafficking and the illegal movement of cultural property to, from and within the European continent in the 20th and 21st centuries. Its intent is to illustrate the evolution of the historic means used the restrain the illicit trafficking of culture property, ascertain if they work(ed), and understand the extent to which they influence the current EU legal order. Using archival resources, comparisons of national, European and international legislation, policy, codes of conduct, and contemporary media commentary, this dissertation illustrates that illicit trafficking is an old and complex illegal trade that has long posed legal and policy headaches for governments; though the types of objects being trafficked differ from state to state, this dissertation illustrates that the problems faced by governments in addressing this phenomenon are often similar. Export controls are historically the main means by which states protect heritage from trafficking, and this dissertation agrees with this observation. However, the EU decision to complement export controls with import controls appears to suggest the inability of these traditionally accepted methods to fully restrain trafficking. The most surprising findings of this work are the extent to which museums have influenced national and EU policy; and early stage which the EU engaged in finding solutions to illicit trade, earlier than originally presumed. Finally, the innovative responses by the EU are ground- breaking, and in this sense, this dissertation further demonstrates the potential of the EU as an emerging major partner and forward-thinking actor in the fight against illicit trafficking.