Marc-André Jean Renold

New Developments in the Restitution of Cultural Property: Alternative means of Dispute Resolution

Alternative 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.

Cultural Co-Ownership: Preventing and Solving Cultural Property Claims

Cultural property claims are numerous and of very different nature. Some relate to recent trafficking of cultural property; 1 some are based on ancient legal grounds which are contested today; 2 others relate to past wars and colonial times; 3 others, still, relate to mass spoliations in times of conflict. 4 In general, though, the original owner seeks to recover what was taken from him, or at least to obtain some form of compensation. 5 The present owner or possessor is as a matter of principle interested in keeping his possession. 6 These 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.

An Important Swiss Decision Relating to the International Transfer of Cultural Goods: The Swiss Supreme Court's Decision on the Giant Antique Mogul Gold Coins

Switzerland is undergoing a period of change from the perspective of fighting the illegal traffic of cultural goods. Effective January 3, 2004, Switzerland has ratified the 1970 UNESCO Convention on the means of prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property. Furthermore the convention has been put into effect in Switzerland by the adoption of the Federal Act on the International Transfer of Cultural Property (CPTA) and its related ordinance, both of which took effect on June 1, 2005. ACKNOWLEDGEMENTS: I would like to express my thanks to my friend and colleague Professor Benedict Foex for his comments, his insight, and our lively discussions about this case. My thanks also go to the editors of the Uniform Law Review , which has published a French version of the present article. Unif. L. Rev. / Rev. dr. Unif. (2006): 399.

The "Enhancement" of Cultural Heritage by AMS Dating: Ethical Questions and Practical Proposals

The looting of archaeological and ethnographic objects from emerging countries and areas of conflict has prospered due to the high prices that these objects can achieve on the art market. This commercial value now almost necessarily requires proof of authenticity by the object’s age. To do so, absolute dating has been conducted since the end of the 1970s on terra cotta art objects using the thermoluminescence method, a practice that has since been condemned. It is only more recently, since the 2000s, that art dealers and collectors have begun to use the accelerator mass spectrometry (AMS) method to date different kinds of objects made of organic materials. Compared to conventional radiocarbon dating, the AMS technique requires only very small samples, thus depreciating neither the aesthetics nor commercial value of the object. As a result, the use of absolute dating has become widespread, accompanying the increase in looting of the cultural heritage of countries destabilized by political overthrows and armed conflicts, especially in the Near East and Africa. The present article condemns the practice of AMS dating of looted art objects and encourages the creation of a code of deontology for 14C dating laboratories in order to enhance an ethical approach in this sensitive field facing the current challenges.