Międzynarodowe i unijne instrumenty prawne przeciwdziałania nielegalnemu obrotowi dobrami kultury i ich znaczenie dla ochrony książki rzadkiej

Abstrakt

Rare books constitute a distinct category of cultural property whose protection requires consideration of both their historical, scholarly, and artistic significance and their particular vulnerability to theft and illicit trafficking. This article examines the principal international and European Union legal instruments designed to prevent the illicit trade in cultural property, with particular emphasis on their application to rare books. The analysis covers the 1970 UNESCO Convention, the 1995 UNIDROIT Convention, the 2017 Council of Europe Convention on Offences relating to Cultural Property, and relevant EU legislation governing the return, export, and import of cultural goods. It also considers anti-money laundering regulations and their implications for provenance research and due diligence in the antiquarian book trade. The international and European legal frameworks are examined alongside Polish legislation concerning the protection and cross-border movement of rare books. Drawing on selected cases of book theft, illicit trafficking, and restitution, the article highlights the particular challenges involved in identifying individual copies of printed books and establishing their ownership history. Special attention is given to the importance of provenance evidence, library catalogues, inventories, ownership marks, and databases of stolen cultural property. The study demonstrates that the effective protection of rare books depends not only on legal regulations and international cooperation but also on systematic documentation, provenance research, and collaboration between libraries, cultural heritage institutions, law enforcement authorities, and participants in the antiquarian book market.