Kültür Varlıklarının Yasadışı İthalatının Önlenmesi ve İadesine İlişkin Türkiye ile İsviçre Arasındaki Anlaşmaya Eleştirisel Yaklaşım

International agreements are important instruments for preventing the illicit trade of cultural property and in strengthening cross-border cooperation to address this global challenge effectively. However, asymmetrical power dynamics between culturally rich nations and market-oriented countries are sometimes evident in certain provisions of these agreements. The agreement between Türkiye and Switzerland on the prevention of the illicit import and the repatriation of cultural property traces this asymmetry. Although certain imbalances in bilateral international agreements suggest that the interests of market-oriented countries are prioritized at the expense of culturally rich nations, this does not imply that the agreements are entirely ineffective in combating illicit trade in cultural property. This study examines the rise in illicit cultural property trade, the actors combating it at national and international levels, and highlights the role of international agreements in this context. Subsequently, the general framework of the agreement between Türkiye and Switzerland will be analyzed, along with the measures it contains to combat illicit trade and facilitate repatriation. Under the Agreement, Türkiye is expected to submit the largest number of repatriation claims. The final part of the study discusses the asymmetrical aspects of the Agreement that may hinder the effective repatriation of cultural property that was illegally imported into Switzerland from Türkiye.