PROTECTION AND REPATRIATION OF CULTURAL PROPERTY FROM ILLICIT TRAFFICKING IN THAILAND: LEGAL PROSPECTS AND CHALLENGES.

This research paper finds that Thailand adopts its cultural property law by applying the concept of cultural nationalism embedded in the 1970 UNESCO Convention and ASEAN regional framework even though Thailand has not yet ratified the UNESCO Convention. Thailand has implemented these international and regional frameworks by providing legal measures—including the registration of cultural property, the preservation of national treasures and the prohibition of cultural property export—to pursue the retention of cultural property within the country. Recent cases of repatriation show that Thailand has attempted to borrow the spirit of an international legal framework to support this repatriation, but the country was disadvantaged and encountered difficulties, even though its illegally removed cultural property was eventually repatriated. This research recommends that, regardless of the international framework, Thailand should cooperate with the requested party by making a bilateral agreement for repatriation. This is because the reciprocity embedded in such an agreement would be more helpful than the international framework for Thailand to resolve cultural property disputes and reconcile their mutual interests. [ABSTRACT FROM AUTHOR]