Suchergebnisse

Abstract:Cultural property claims are numerous and of very different nature. Some relate to recent trafficking of cultural property;1some are based on ancient legal grounds which are contested today;2others relate to past wars and colonial times;3others, still, relate to mass spoliations in times of conflict.4In general, though, the original owner seeks to recover what was taken from him, or at least to obtain some form of compensation.5The present owner or possessor is as a matter of principle interested in keeping his possession.6These conflicting positions are often seen as irreconcilable and, indeed, litigation in a traditional manner will bring to the typical "either/or" solution: either I am the owner, or you are. There is no in-between solution.

AbstractAlternative methods of dispute resolution are an important resource in matters of cultural heritage in addressing the return, restitution, and repatriation of cultural property. The purpose of this article is to analyze the situations in which such methods might be preferred to the classical judicial means and to examine the problems that might arise.The article is in two parts. The first part describes the actors as well as the current methods used for the restitution and return of cultural property. The second part explores the types of property that lend themselves to alternative dispute resolution techniques and lists the—often original—substantive solutions that have been used in practice.Alternative methods of dispute resolution enable consideration of nonlegal factors, which might be emotional considerations or a sense of "moral obligation," and this can help the parties find a path to consensus.