ABSTRACT

This chapter shows the malfunction in combating the illicit export and advocating the return of Khmer artefacts in past decades can easily be explained by both the default of sufficient regulations on the international level and the conditions within the country. It considers the national level and analyse the Cambodian and Thai legislations. The chapter reviews of the constitutional provisions and those norms relating to cultural property which can be found in general, not cultural property-specific legal documents. Many factors have affected and still do affect Cambodia's struggle to protect and retain its movable cultural property. Some of these factors have proven to be disadvantageous from Cambodia's perspective, such as Thailand's attitude and the fact that once inaccessible places have become more or less easily accessible. In addition, the Bilateral Agreement it signed with Cambodia does not contain any sort of judicial mechanism which could be used to force Thailand to make any provisions protecting Khmer artefacts effective.