My essay ‘Mediating Cultural Property Disputes’  is available to view on the ‘Mediating Art & Music Disputes’ page at www.carlislam.co.uk.
Contents:
– Introduction.
– Ethics.
– Challenges & Opportunities.
– Unconscious bias.
– Loss aversion.
– Tools & Precedents.
– Issues for the Mediator to discuss during a Pre-Mediation Zoom call about preparatory steps and agreeing ‘criteria’ i.e., applicable ‘Principles of Restitution/Repatriation.’
NB: ‘A’ = artefacts which are the subject of a cultural property claim (i.e. both chattels & fixtures).
Amongst the issues I discuss is – ‘What is the cultural home of A? [‘H’] – which is linked to the concepts of:
·       a ‘Lex Originis’;
·       the ‘legitimacy’ of a place where A should be located (‘Patrie’ – i.e., the cultural ‘homeland’ of A);
·       the applicable law being that of H – and what state law applies in default if the law of H is not a unified, i.e., recognised body of law in jurisprudence;
·       the sovereignty of indigenous peoples and their human rights; and
the concept of the creation for public display, i.e., in a museum/gallery, of a ‘unity of art.’