The rise of negotiation (ADR) in restitution, return and repatriation of cultural property: moral pressure and power pressure

Title
The rise of negotiation (ADR) in restitution, return and repatriation of cultural property: moral pressure and power pressure
Description
Litigation of any kind is expensive and all the more so in respect of claims to recover cultural property which has been stolen or illegally trafficked. Almost invariably the claimant will be litigating in a foreign country and possibly a different legal system from her own to recover her property. The expenses of litigation are likely to be prohibitive. A country or an individual may therefore be prevented or reluctant to pursue the claim. This is because these cases involve complex questions of both private and public international law. A huge obstacle to success is the rule in many jurisdictions that foreign public law rules do not have extraterritorial application [..] Hence the rise of Alternative Dispute Resolution (ADR) procedures to settle restitution, return or repatriation of cultural property disputes in the last three decades or so.
Creator
Shyllon, Folarin
Publisher
Leicester [U.K.] : Institute of Art and Law
Date Issued
2017
Bibliographic Citation
Art, antiquity and law; Vol. 22 Issue 2 (2017)
Source
Access to e-journal (library membership required)

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