Alternative Dispute Resolution Mechanisms in Cultural Property Related Disputes: UNESCO Mediation and Conciliation Procedure

Abstract

In the field of cultural property restitution, the most promising and adapted means of dispute settlement seem to be those encompassed by the expression of ‘cultural diplomacy’, such as negotiation, mediation, conciliation, good offices and inquiry. Not only is the utilisation of these procedures useful when international instruments are not applicable, but it is also encouraged by these instruments. In 1978 UNESCO established the Intergovernmental Committee for Promoting the Return of Cultural Property to Its Countries of Origin or Its Restitution in Case of Illicit Appropriation (UNESCO Committee). This body has an advisory nature and is available to Member States and Associate Members of UNESCO. Among other purposes, it is responsible for seeking out ways and means of facilitating bilateral negotiations for the restitution or return of cultural property to its countries of origin. Pursuant this purpose, in September 2010, the UNESCO Committee adopted the Rules of Procedure for Mediation and Conciliation in Accordance with Article 4, Paragraph 1, of the Statutes of the UNESCO Committee. The aim of this contribution is to explain the most important features and purposes of these procedures, investigating the travaux préparatoirs and comparing them to the apparently similar mechanism established by the ICOM-WIPO Mediation Rules.

Keywords: UNESCO, mediation, conciliation, cultural property, ICOM, WIPO, international law, dispute settlement