https://padlet.com/donna_yates/1w6thwum1vmp Thinking through the pros and cons of different forms of return dispute resolution using cases from the ArThemis database: https://plone.unige.ch/art-adr en-us 2018-06-21 10:41:58 UTC 2023-03-27 20:37:44 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Balance.png donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082814 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082814 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082815 Catch-all for the other legal or extra-legal cultural property may be returned, including (for example) spontaneous return without the need for negotiation.

]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082815 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082816 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082816 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082817 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082817 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082822 A blanket term for a number of activities which are aimed at resolving a dispute over a cultural object. For us, it will mean dialogue focused on resolving a return request without the use of a formal mediator, arbiter, or conciliator and without the intervention of a state. In other words: two parties sitting down at the table together. ]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082822 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082824 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082824 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082829 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082829 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082830 A form of "Alternative Dispute Resolution" where a 3rd party helps to resolve a dispute using various negotiating techniques which emphasise dialogue and compromise. Mediators help negotiate a settlement and are seen as quicker, cheaper, and (at times) more conciliatory than the pathway through the courts.]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082830 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082831 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082831 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082832 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082832 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082834 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082834 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082835 Adjudication is the resolution of a return dispute through a court ruling. "It implies a hearing by a court, after notice, of legal evidence on the factual issue(s) involved".]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082835 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082836 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082836 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082837 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082837 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082838 Japanese Netsuke collection that was stolen in England, sold in Italy, and offered for sale again in England at auction. The English judge ruled that Italian law was applicable in this case and
that the Italian buyer, then, had good title to the netsuke. They were NOT returned. There is no record of any non-judicial negotiations or alternative dispute resolution attempts in this case.
See: ArThemis entry on the case]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082838 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082840 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082840 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082842 Negotiations conducted between states or through the intervention of a state party or a state representative in negotiations. This may take the form of a state working towards its own claim or interests regarding the return of cultural property or aiding in the return request of one or more of its citizens. In some situations, the support of a state or state-to-state intervention is required as part of a return request.]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082842 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082843 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082843 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082844 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082844 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082848 A type of "alternative dispute resolution" that involved the use of a conciliator: a 3rd party that attempts to repair a broken relationship between two disputing parties.

Unlike arbitration, conciliation has no legal standing and the conciliator does not offer an opinion. Unlike mediation, conciliation is primarily focused on mending a broken relationship between parties, perhaps in advance of mediation.]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082848 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082849 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082849 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082850 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082850 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082852 A type of "alternative dispute resolution" in which parties agree to be bound by the decision of an impartial arbiter in an attempt to resolve the matter without litigation. Arbitration can be both legally binding and non-binding.

Arbitration is distinct from mediation in that mediators attempt to find a compromise while arbiters are removed from the process of reaching a settlement.]]> 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082852 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082853 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082853 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082854 2018-06-21 10:41:58 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/268082854 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/313759316 2018-12-12 09:41:42 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/313759316 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/313759637 2018-12-12 09:42:55 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/313759637 donna_yates https://padlet.com/donna_yates/1w6thwum1vmp/wish/313759796 2018-12-12 09:43:35 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/313759796 veronica_costarelli https://padlet.com/donna_yates/1w6thwum1vmp/wish/371285020 2019-07-16 07:29:12 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371285020 veronica_costarelli https://padlet.com/donna_yates/1w6thwum1vmp/wish/371289870 This is a very interesting case to read: On July 28, 2014, the Eighth Circuit Court of Appeals denied the request of the United States Government to take further legal action regarding the St. Louis Art Museum’s ownership of the 3200 year old Egyptian Ka Nefer Nefer funerary mask. The U.S. Government wanted to seize and repatriate the mask to Egypt, but the Court held that the museum could keep the mask because the U.S. Government’s amended complaint was not submitted on time, nor did it show that the mask was ever stolen.]]> 2019-07-16 08:26:32 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371289870 rosemary_m_hanson https://padlet.com/donna_yates/1w6thwum1vmp/wish/371691702 This statue of a man was stolen from a village in Cameroon in 1966. While on loan to Dartmouth College from the Furman Gallery, a scholar identified it as stolen and notified officials in Cameroon. Restitution claims by the Cameroonian government were initially rejected by the gallery. However, in the face of growing pressure from the State Department, institutions, and individuals, Warren Robbins of the Museum of African Art in Washington stepped in as an ad-hoc negotiator. A number of private individuals offered to purchase the statue and then return it, to which the Gallery agreed. The statue was subsequently returned to Cameroon in 1973. ]]> 2019-07-19 13:00:40 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371691702 rosemary_m_hanson https://padlet.com/donna_yates/1w6thwum1vmp/wish/371693396 Sarah Baartman was an enslaved Khoisa woman brought from South Africa to Britain in 1810. Displayed as a living exhibition in a freak show in both the UK and France, the remainder of her life was booth deeply dehumanizing and deeply tragic. She eventually died in 1815 of either tuberculosis or syphilis and was dissected, preserved, cast out of plaster, and displayed. After a failed arbitration attempt in 1996, there was an official request for the return of her remains in 2000 by the South African Ambassador. French Senator, Nicholas About, introduced a bill to French parliament to allow the remains to be deaccessioned and returned. Her body was returned to South Africa in 2002, and she was buried in a traditional Khosian ceremony. In yet another tragic twist, her grave was defaced in 2015.]]> 2019-07-19 13:17:16 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371693396 barneslily93 https://padlet.com/donna_yates/1w6thwum1vmp/wish/371800027 Private collector Benjamin Johnson was sued by the government of Peru to return 89 Moche objects. These had been illegally excavated from Sipan, and smuggled out of Peru in the 1980s. 

Peru were unsuccessful - largely because it could not be determined that the objects were indeed from Peru, or that they had been excavated/ left the country prior to the enactment of Peru's cultural property legislation. The items remained with Johnson.


]]> 2019-07-21 18:05:24 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371800027 2423122o https://padlet.com/donna_yates/1w6thwum1vmp/wish/371908264 In 2011, assistant Bishop to the Archbishop of Cyprus within the Greek Orthodox church watched an interview of Boy George, where he discovered the singer had an 18th century Cypriot icon of Jesus Christ hanging in his living room. After further investigation, the artifact was identified as stolen from the Church of St. Charalambos during the Turkish invasion of Cyprus in July and August 1974. The bishop requested the singer return the artifact. Without hesitation after a personal meeting in the form of a negotiation settlement, between the two parties, Boy George and the bishop orally agreed on the return of the icon. ]]> 2019-07-22 14:49:46 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371908264 vmedinadel https://padlet.com/donna_yates/1w6thwum1vmp/wish/371921071 The Mercedes sank on its way from Peru to Spain with a shipment of gold and silver coins (present day value at $500 million). Odyssey discovered the wreck and filed for (and was awarded) a salvage award claim in the United States. Spain, upon learning of the wreck, filed a counterclaim for ownership, as did Peru. Title was eventually given to Spain because the ship belonged to the State at the time of sinking.]]> 2019-07-22 17:30:16 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371921071 jessicaelizabethhorton https://padlet.com/donna_yates/1w6thwum1vmp/wish/371999378 This case has elements of adjudication and negotiation (see second post). The Maori panels were sold to George Ortiz in breach of New Zealand law. Whilst in the initial trial, the panels were to be returned. The Court of Appeals and House of Lords overturned this ruling. The key issues being that 1) New Zealand never actually took possession of the panels and therefore their own laws couldn't be applied and 2) could an English court enforce foreign legal provisions.
To me, this highlights one of the main challenges to this type of resolution. That laws are not water tight, nor always enforcable in an international context. ]]> 2019-07-23 06:31:31 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/371999378 jessicaelizabethhorton https://padlet.com/donna_yates/1w6thwum1vmp/wish/372000199 (continued from Adjudication). This case was finally settled, 35 years later, after the death of George Ortiz. New Zealand negotiated with his heirs and eventually agreed to buy the panels back for $4,5 million NZD. They were then returned to the Te Āti Awa and are now on display in the Puke Ariki Museum.]]> 2019-07-23 06:38:32 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/372000199 2423122o https://padlet.com/donna_yates/1w6thwum1vmp/wish/372041827 In 2007 the Italian government and the Princeton Museum of Art signed an agreement that resolved the ownership of 15 disputed archaeological objects in the museum's collection. The Ministry of Cultural Heritage and Activities of the Republic of Italy inquired about the provenance of several antiquities in their collection based off of the evidence found after raiding Giacomo Medici's warehouse in Geneva. Negotiations over the disposition of 15 objects began after Princeton provided information on the disputed objects in their collection to the Italian government. An agreement was signed transferring the title of 8 of the objects to Italy while the museum retained 7 objects. Within this agreement, the Italian government also granted Princeton University students to access archaeological sites managed by the Italian Ministry and the museum would receive a number of significant works of art on loan. This agreement is an example of an efficient out-of court settlement that returned objects of cultural importance back to Italy, avoided litigation and negative press, and established a program of cultural cooperation and collaboration between the two parties. ]]> 2019-07-23 15:06:36 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/372041827 julia_wylie https://padlet.com/donna_yates/1w6thwum1vmp/wish/372268130 I have put this case under 'Other'  although the repatriation process was dealt with by negotiation, a change in German law was required in order for the repatriation to happen.
https://www.gondwana-collection.com/news/article/2019/03/06/witbooi-bible-returned-to-namibia/ 

]]> 2019-07-25 10:38:14 UTC https://padlet.com/donna_yates/1w6thwum1vmp/wish/372268130