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Cardozo Journal of Conflict Resolution

Abstract

This Note will proffer a critical evaluation of the Italian government's current tactics for reclaiming its patrimony and argue that MBRAs are the most desired framework for resolving repatriation disputes, as they give rise to lasting collaborative relationships between source nations and cultural institutions and strive to keep valued works in the "public trust" without diminishing traditionally insular cultural identities. Thus, successful negotiations must account for competing interests including, inter alia: (i) the emotional currency of the object as assessed from the perspective of the source nation; (ii) the institution's desire to keep disputed works within the public sphere; (iii) a concern for the object's continued well being; and (iv) the overall strength of a claimant's "legal" right to assume possession. Balancing these equities requires source nations and museums to make important concessions, and most of all, to transcend their cultural nationalist and internationalist tendencies. This Note will unpack the weighty considerations that must be addressed in order to forge a lasting MBRA. Part I of this Note will examine the Italian cultural property laws that have provided a framework for its current campaign, while Part II will assess the nature and scope of the campaign. Part III will highlight the ever-increasing need for MBRAs and provide a model framework for ameliorating such cultural property disputes. Finally, Part IV will address certain preemptive measures that should be implemented to avoid patrimonial conflicts.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | International Trade Law | Law

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