Reporting on judicial decisions and other forms of dispute resolution.
Case Law and Case Comments
Brazil
HABEAS CORPUS” Nº 2006.04.00.004416-9/RS, Case Note by Cyro Faria Annes (UNIDROIT Intern)
Italy
Cass. pen. Sez. III, Sent., 10/06/2015, n. 42458
Cass. pen. Sez II, Sent., 21/06/2012, n. 28653
Spain
Auto no 28/2008 de AP Barcelona, Sección 13a, 21 de Julio de 2008
ICOM-WIPO Art and Cultural Heritage Mediation
UNESCO – Mediation and Conciliation
The States, Parties or not to the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property may utilise for appropriate intervention the Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation created in 1978. UNESCO’s General Conference adopted at its 33rd session a resolution that explicitly articulates the mediatory and conciliatory functions of the Committee. At its 16th session in September 2010, the Committee reviewed and adopted the resultant Rules of Procedure for Mediation and Conciliation.
The Rules of Procedure are conceived under the general principles of equity, impartiality and good faith, which are intended to promote harmonious and fair resolution for disputes concerning the restitution of cultural property. As such, the text provides for confidential communication in relevant political, diplomatic, juridical and financial matters between the mediators and conciliators and each party. The Rules of Procedure for Mediation and Conciliation are meant to be complementary to the work of the Intergovernmental Committee. Moreover, their provisions may not interfere, slow, prevent or otherwise threaten other procedural and legislative means. It is noted that the text adopted by the Intergovernmental Committee represents a legal tool that does not constitute a binding normative obligation.
Articles:
Cornu, Marie and Renold, Marc-André, New Developments in the Restitution of Cultural Property: Alternative Means of Dispute Settlement, International Journal of Cultural Property, Cambridge University Press, Vol. 17, Issue 1, pp. 1-31.
SHEHADE, M., FOUSEKI, K., WALKER, K., Alternative Dispute Resolution in Cultural Property Disputes: Merging Theory and Practice [editorial], International Journal of Cultural Property, Vol. 23, Issue 4 (November 2016), pp. 343-356.
SHYLLON, F., The Rise of Negotiation (ADR) in Restitution, Return and Repatriation of Cultural Property: Moral Pressure and Power Pressure [article], Art Antiquity and Law, Vol. 22, Issue 2 (July 2017), pp. 130-142.
STAMATOUDI, I., Alternative Dispute Resolution and Insights on Cases of Greek Cultural Property: The J.P. Getty Case, the Leon Levy and Shelby White Case, and the Parthenon Marbles Case [article], International Journal of Cultural Property, Vol. 23, Issue 4 (November 2016), pp. 433-458.
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ArThemis is a fully searchable database containing case notes about art and cultural property disputes settled through alternative resolution methods or traditional judicial proceedings.