Return Resolutions: Courts and their alternatives by Donna https://padlet.com/donna_yates/8g2s3c1nry2p 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 2017-06-12 11:42:10 UTC 2026-01-07 05:30:25 UTC hello@padlet.com https://padlet-assets.s3.amazonaws.com/icons/Pictureland.png Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176095385 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.]]> 2017-06-12 13:17:10 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176095385 Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176096532 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.]]> 2017-06-12 13:23:35 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176096532 Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176097526 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.]]> 2017-06-12 13:28:49 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176097526 Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176098473 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".]]> 2017-06-12 13:33:32 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176098473 Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176099230 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.]]> 2017-06-12 13:37:28 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176099230 Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176100218 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. ]]> 2017-06-12 13:41:51 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176100218 Definition donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101116 Catch-all for the other legal or extra-legal cultural property may be returned, including (for example) spontaneous return without the need for negotiation.

]]> 2017-06-12 13:46:45 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101116 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101581 2017-06-12 13:49:40 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101581 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101838 2017-06-12 13:51:22 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101838 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101940 2017-06-12 13:52:01 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176101940 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176102067 2017-06-12 13:52:59 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176102067 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176102142 2017-06-12 13:53:28 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176102142 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176102222 2017-06-12 13:54:01 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176102222 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103142 2017-06-12 13:59:09 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103142 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103254 2017-06-12 13:59:46 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103254 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103340 2017-06-12 14:00:16 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103340 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103359 2017-06-12 14:00:21 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103359 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103367 2017-06-12 14:00:26 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103367 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103382 2017-06-12 14:00:31 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103382 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103391 2017-06-12 14:00:37 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103391 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103404 2017-06-12 14:00:41 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103404 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103423 2017-06-12 14:00:47 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103423 Pros donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103440 2017-06-12 14:00:52 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103440 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103453 2017-06-12 14:00:55 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103453 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103473 2017-06-12 14:01:01 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103473 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103493 2017-06-12 14:01:07 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103493 Cons donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103511 2017-06-12 14:01:14 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176103511 Winkworth V. Christie Manson and Woods Ltd (1980) donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176104868 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]]> 2017-06-12 14:09:35 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176104868 donna_yates https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176111994 2017-06-12 14:49:28 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/176111994 Jiroft Collection- Iran v. Bakarat Galleries Ltd. MackP https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177422136 Collection of Iranian antiquities that were illicitly excavated between 2000-2004 offered for sale by Bakarat Galleries in London. Iran sues for return in a 'conversion' case. Court of Appeals established that Iranian law clearly claims all cultural property, whether excavated or not, in State possession or not, as property of the State. ]]> 2017-06-26 07:45:05 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177422136 Euphronios Krator and other Archaeological Objects- Italy and MET MackP https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177462428 After the raid on Giacomo Medici the Italian Authorities were able to prove the illicit origin of the Euphronios Krator, which had controversially been acquired by the MET, and were eligible to make a claim of ownership. In an out-of-court settlement, the Italian Ministry of Culture and the MET agreed that the items would be returned in exchange for a 40+ year long loan and research exchange agreement. It was also stated that future issues regarding items exchanged within this program would be settled privately by Arbitration. ]]> 2017-06-26 15:56:18 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177462428 Sarah Baartman's Remains - France and South Africa 2289155v https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177472839 Sarah Baartman was a South African slave who had been exhibited in London and Paris as part of a freak show in the early 19th century. After her death, her body was dissected, conserved and put on public display in France until the 1970s. The return of Sarah Baartman's remains was sought through diplomatic channels because the remains were part of the French national collections and considered inalienable. Diplomacy on behalf of the French led to the French Parliament adopting a legislative act enabling the remains to be returned to South Africa.
See: ArThemis entry on the case
Further reading: Sarah Baartman, at rest at last]]> 2017-06-26 18:33:11 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177472839 China and Two British Dealers janine_heim https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177635933 Scotland Yard discovered smuggled Chinese artifacts in a harbor raid. The Chinese embassy was contacted and identified over 3000 of the objects, claiming they were looted from the PRC. The two involved British dealers were not sued, as the prosecutors believed the transaction took place in Hong Kong, not the UK. The dealers filed a civil lawsuit to settle the ownership issue, but eventually settled out-of-court with the Chinese government and returned many objects. ]]> 2017-06-28 10:07:36 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177635933 The head of King Badu Bonsu II (Ghana)- The Netherlands and Ghana 2286568y https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177636149 King Badu Bonsu II was the leader of the Ahanta tribe and a Ghanaian king who was executed in 1838 by the Dutch, who, at the time, were in control of the Dutch Gold Coast. Following the execution of king Badu Bonsu, the head was taken to the Netherlands, where it was soon lost for more than a century. During a state dinner in October 2008,  Arthur Japin - a Dutch writer -   told both the President of Ghana and Queen Beatrix of The Netherlands about his discovery of the Head of  King Badu Bonsu II at the Leiden University Medical Center (LUMC). Shortly after, the return of the head of King Badu Bonsu II to Ghana, was followed by diplomacy on the highest level between the two states. The negotiation between the states led to the return of the head of King Badu Bonsu II to its native country for a proper burial. A promise fulfilled, whereby on July 23, 2009 The Netherlands officially returned the royal head to a delegation of ten Ghanaian kings in a ceremony held at the Ministry of Foreign Affairs in The Hague, The Netherlands.
Note: The forgotten head of King Badu Bonsu II at the Leiden University Medical Center has never been presented as a part of collections to the Dutch state and thus is not classified as an inalienable heritage and so didn't meet with requirements of relevant cultural treaties to keep. It can be assumed that this made diplomacy concerned the return of the head easier and fast in this case.]]> 2017-06-28 10:11:25 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177636149 Western Prelacy of the Armenian Church of America and the J. Paul Getty Museum 2028052h https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177643873 Concerning a thirteenth century illustrated manuscript by an Armenian, T'oros Roslin. 1915- in Marash in the possession of Prince Asadur Agha Sourenian, whose family loaned it to Dr H Der Ghazarian after his deportation. 1920- Dr Der Ghazarian fled Marash leaving the manuscript behind, which was found by a local who attempted to sell it. The dealer cut out eight folios of Canon Tables later purchased by the Getty in 1994. The remaining manuscript was presented to Mesrob Mashtots Matendaran, Armenia in 1980. 2006- the Armenian church discovered the missing canon tables and their location at the Getty. The Western Prelacy of the Armenian Apostolic Church of America, acting on behalf of the Armenian Orthodox Church, filed against the Getty for the folios. 2011- the court ordered them to work with a mediator after the Getty refused a return.

Although the mediation attempt in 2012 was initially unsuccessful it set the path for a mutual settlement in 2015, months before the case was due in court. Resolution: Getty acknowledged Western Prelacy's ownership and paid attorney's fees in exchange for the donation of the Canon Tables to the Getty. The folios were later reunited with the manuscript for exhibition. ArThemis case file]]> 2017-06-28 12:23:40 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177643873 https://plone.unige.ch/art-adr/cases-affaires/banksy-mural-2013-bioresource-inc-and-555-nonprofit-studio-gallery https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177666396 A case where both parties involved managed to settle their case before the beginning of the trial.

]]> 2017-06-28 16:18:29 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177666396 Auschwitz Suitcase – Pierre Lévi Heirs and Auschwitz-Birkenau State Museum Oswiecim and Shoah Memorial Museum Paris pvandenbrun https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177699085 An interesting case involving three parties - two museums and an individual.  This disagreement was about a suitcase that was on loan from Auschwitz to a museum in Paris.  It just so happened that the son of the (now deceased) owner of the suitcase happened upon it in the Paris exhibit.  An attempt at settlement failed, which lead to the involvement of governments, which in turn lead to a court settlement.  The suitcase will be on long term loan to the museum in Paris, but the museum in Auschwitz retains ownership.

]]> 2017-06-29 01:34:34 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177699085 https://plone.unige.ch/art-adr/cases-affaires/6-klimt-paintings-2013-maria-altmann-and-austria lanestone123 https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177831437 2017-06-30 16:44:38 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/177831437 Inakayal Human Remains – Argentina, Museo de La Plata and Tehuelche People hawkins_april https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268678665 Inakayal, an immutable leader of the Tehuelche people (indigenous group from Patagonia) refused to relinquish his indigenous identity & culture, and was imprisoned by the Argentinian army in 1884. He was then brought to the museum (1885) to be studied as a rare specimen of his people, and subsequently died (1888). His remains were kept by the museum, including bones and some soft tissue, as well as some of his family member's remains. In 1970 the community requested return of the remains but the museum resisted until1994 when the bones were returned and 2004 when rest of the remains were returned. This is perhaps classed as 'Diplomacy' based on a human rights lawyer acting on behalf of Tehuelche introducing
 (necessary) legislation and increasing pressure on the museum until it reversed it's refusal to return. It is also noted that the museum never engaged in the negotiation process (they must have been very reluctant indeed.)  'The Inakayal case has had a profound impact on Tehuelche people.'
https://plone.unige.ch/art-adr/cases-affaires/inakayal-human-remains-2013-argentina-museo-de-la-plata-and-tehuelche-people#!prettyPhoto[pp_gal]/0/

]]> 2018-06-27 02:52:25 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268678665 Grosz vs. Museum of Modern Art sara_a_mazurek https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268905820 Expressionist artist George Grosz’s three paintings, “Poet Max Hermann-Neisse”(1927), “Self-Portrait With Model” (1928) and the watercolor “Republican Automatons” (1920) were the subject of dispute between Grosz’s legal heirs and the Museum of Modern Art. The paintings were lost following the flight of the artist and his art dealer from Nazi Germany. The paintings were lost in the course of Nazi persecution. After failing to come to an agreement through negotiation in 2005 and 2006, the plaintiffs filed suit in April 2009. The MOMA moved to dismiss the lawsuit on the grounds that the three year statute of limitations had expired, holding the clock began upon the MOMA’s first 2005 statement of refusal. The plaintiffs argued that the clock should begin at the more concrete 2006 refusal by the MOMA. The court and a subsequent appeal favored the MOMA’s motion to dismiss.
https://plone.unige.ch/art-adr/cases-affaires/three-grosz-paintings-2013-grosz-heirs-v-museum-of-modern-art ]]> 2018-06-28 21:17:30 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268905820 Böğ soguksuaileen https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961165 2018-06-29 10:52:26 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961165 Bö soguksuaileen https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961166 2018-06-29 10:52:26 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961166 Böğazköy Sphinx, Turkey and Germany soguksuaileen https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961167 Items were removed from Boğazköy, Turkey by the German Archaeological Institute (1910). They were sent to Germany to be cleaned, restored and catalogued (1917) including the Boğazköy Sphinx. Many of the items were returned, but those that remained were housed in two museums in Berlin. Turkey filed a restitution request (1986) with the UNESCO Intergovernmental Committee for Promoting the Return of cultural Property to its Countries of Origin or its Restitution in Case of İllicit Appropriation (ICPRCP.) The ICPRCP offers a framework for negotiations, believing that each claim needs individual consideration. Germany returned a number (7,400) of items, but not the sphinx.
Germany and Turkey began talks regarding the return of the sphinx and after almost 20 years the ICPRCP encouraged both sides to reach a settlement which was done in 2011 and the Boğazköy Sphinx was returned to Turkey as a “voluntary gesture of friendship” in 2011. 
During this process, Turkey made strong overtures that scientific projects within Turkey would be disrupted. A political manoeuvre involving manipulation to strong arm Germany into returning the original Boğazköy Sphinx. There was a suggestion that a copy be sent to Turkey.
Legally, no written documentation was available to prove ownership of the Boğazköy Sphinx, even though the place of origin was undisputed. In conclusion Germany by stating this was a “voluntary gesture of friendship” rather than a “return” allowed themselves to be in some manner exonerated from being accused of a wrongful removal and all the legal steps that may imply.
https://plone.unige.ch/art-adr/cases-affaires/bogazkoy-sphinx-2013-turkey-and-germany?searchterm=Boğaz
Note: Turkey is still (rightly or wrongly,) using these political manoeuvres and manipulation tactics with archaeological sites, excavations and artefacts when it suits them, ie: depending on which countries are "out of favour."


]]> 2018-06-29 10:52:26 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961167 B soguksuaileen https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961168 2018-06-29 10:52:26 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268961168 St. Agatha Statue – St. Martin’s Church and Private Person damienrburke https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268981503 In November 2012, Sotheby’s offered at auction a meter-tall statue of St. Agatha, by the Dutch sculptor Jan van Steffieswert (1465-1530). It was stolen in 1976 from St. Martin’s Church, in Gronsveld, the Netherlands. With three weeks between the auction announcement and the sale, the Church chose to repurchase the statue. After 37 years of transferring between Germany, the Netherlands, Belgium and England, and other recovery attempts failed, the work returned to St. Martin’s in May 2013.

The ‘solution’, from Sotheby’s perspective was to waive the commission fee, however this did not affect the vendor’s profit.  Sotheby’s had no interest in resolving the theft through court action, which raises issues with how they handle known stolen works of art. The church did get their statue back
https://plone.unige.ch/art-adr/cases-affaires/st-agatha-statue-2013-st-martin2019s-church-and-private-person
]]> 2018-06-29 15:11:45 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/268981503 Landscape with Smokestacks – Friedrich Gutmann Heirs and Daniel Searle petra_helwig https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269092899 The heirs of Friedrich and Louise Gutmann, filed a claim against the art dealer Daniel Searle, the owner of the painting “Landscape with Smokestacks”. The painting was allegedly looted by the Nazis during the Second World War. After four years of litigation, the parties agreed to share the ownership of the painting.

Adopted solution:
The Gutmann heirs and Searle agreed to equally divide the ownership of the painting. Searle then transferred his share to the Art Institute of Chicago, where he was a Trustee. In turn, the Art Institute bought the heirs’ interest at fair market value, as assessed by an independent expert.

Copied from https://plone.unige.ch/art-adr/cases-affaires/landscape-with-smokestacks-2013-friedrich-gutmann-heirs-and-daniel-searle]]> 2018-07-01 21:19:57 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269092899 Ancient Manuscripts and Globe - Saint Gall and Zurich petra_helwig https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269093397 Thanks to the Swiss Confederation who acted as a mediator, the dispute between the Cantons of Zurich and Saint-Gall over cultural objects displaced during the religious wars of 1712 was ultimately settled in 2006 by an inventive agreement.

Adopted solution:
The mediation agreement provides the following settlement:
1. Mutual acknowledgment: Saint-Gall accepts Zurich’s ownership; Zurich in return recognizes the importance of the objects for Saint-Gall’s cultural identity
2. Loan:  Zurich offers Saint-Gall an unpaid and indefinite loan regarding 35 manuscripts
3. Copy: Zurich approved the production of an exact replica of the cosmographical Globe at its own expense and to donate it to Saint-Gall

Copied from
https://plone.unige.ch/art-adr/cases-affaires/ancient-manuscripts-and-globe-saint-gall-and-zurich

]]> 2018-07-01 21:31:18 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269093397 200 Paintings – Goudstikker Heirs and the Netherlands petra_helwig https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269093976 The art collection of Jacques Goudstikker was acquired by the Nazi commander Hermann Göring under suspicious circumstances during the Second World War. After the war, a large part of the collection was recovered and returned to the Netherlands where it was labelled “Dutch national property”. The first part of these items was bought back by Goudstikker’s wife in 1952. The Dutch Government returned the second part – 200 paintings – to Goudstikker's only surviving heir in 2006 based on a recommendation of the Dutch Restitution Committee.

Copied from
https://plone.unige.ch/art-adr/cases-affaires/200-paintings-2013-goudstikker-heirs-and-the-netherlands

]]> 2018-07-01 21:44:43 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269093976 Boy George and the Cypriot Icon penandvintage https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269115880 In 1985, British singer Boy George purchased an 18th century Cypriot icon from an art dealer in London, apparently in good faith. The gold-leafed Greek Orthodox icon depicts Jesus Christ Pantokrator and was believed looted from the Church of St. Charalambos (Neo Chorio-Kythreas) in northern Cyprus during Turkish invasion, July & August 1974.
The Cypriot Bishop Porfyrios of Neapolis, assistant Bishop to the Archbishop of Cyprus within the Greek Orthodox church, noticed the icon during a television interview conducted at the singer's home. 
He contacted Boy George’s Cypriot composer John Themis who organised a meeting. Boy George immediately agreed to the icon's return and it was handed over during an official ceremony at the Cypriot Church of Saint Anagyre in north London, then transferred to Cyprus.
Boy George did not request financial compensation, but that the icon be returned to the Church of St. Charalambos when it is liberated from Turkish occupation. The Bishop gifted him a smaller icon in return.
There are questions as to whether the singer did in fact have good title under English law and if he performed sufficient due diligence, especially given it's apparent low purchase price. These questions did not come to the fore given the swift agreement to return. 

Negotiation and mediation would seem logical choices for return from private collectors. The process does mean the initial purchase and legal/ethical issues are not necessarily addressed however. It's also dependant on the object becoming visible. Were it not for the TV interview, the return in this case might never have occurred.]]> 2018-07-02 03:44:16 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269115880 https://plone.unige.ch/art-adr/cases-affaires/case-view-of-the-asylum-and-chapel-at-st-remy-2013-mauthner-heirs-v-elizabeth-taylor?searchterm=elizabeth+taylor hjames64 https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269163294

]]> 2018-07-02 13:53:22 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269163294 Case: Orpheus Mosaic JustynaL https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269185984 The mosaic was previously sold through Christie’s, however the auction house refused to name the buyer and Turkey lost sight of it. Eventually both the Dallas Museum of Art and the Turkish Authorities started investigating/researching the mosaic. It is not clear who reached out but the sides negotiated and signed an MOU which returned the Orpheus Mosaic to Turkey on the condition that Turkey would provide the Dallas Museum with loans, and the Museum would provide expertise. The MOU initiated the “Dallas Museum of Art Exchange Program”. ]]> 2018-07-02 18:58:26 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/269185984 https://plone.unige.ch/art-adr/cases-affaires/vallee-de-la-stour-2013-heritiers-jaffe-et-la-chaux-de-fonds s_raobe https://padlet.com/donna_yates/8g2s3c1nry2p/wish/270083992 Resolution by conciliation: the town council initially wasn't keen to restitute the painting and eventually decided that ethics would prime in memory of the Nazis' victims.]]> 2018-07-12 19:16:07 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/270083992 https://plone.unige.ch/art-adr/cases-affaires/two-souza-paintings-2013-kurtha-v-marks s_raobe https://padlet.com/donna_yates/8g2s3c1nry2p/wish/270084416 A case of misinformation from the Art Loss Register leading to a dispute over ownership. High Court of Justice, Queen’s Bench Division, in the United Kingdom required a return of the paintings to initial owner.]]> 2018-07-12 19:22:27 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/270084416 https://plone.unige.ch/art-adr/cases-affaires/trois-tableaux-spolies-2013-heritiers-oppenheimer-van-doorn-soepkez-et-france s_raobe https://padlet.com/donna_yates/8g2s3c1nry2p/wish/270084994 A recovery case where France restituted three paintings classified 'National Museum Recovery " to heirs of Nazi victims without any condition nor compensation, following moral duty.]]> 2018-07-12 19:33:00 UTC https://padlet.com/donna_yates/8g2s3c1nry2p/wish/270084994