A Meteorite and a Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution

Authors

Sam Markowitz, Benjamin N. Cardozo School of Law

Abstract

This Note proceeds in a number of parts. Part I will present two case studies: First, the Willamette Meteorite and the agreement between the Grand Ronde Tribe and the AMNH; and second, the recent agreement between Peru and Yale University regarding artifacts from Machu Picchu. Part II will briefly explain and outline Alternative Dispute Resolution (ADR) and the methods through which successful resolution to disputes are achieved, specifically noting that in the last decade, cultural property disputes have been increasingly resolved through ADR. Part III will compare the agreements reached in both instances, proposing several reasons why these agreements worked better than the formal judicial proceedings rejected by each party. Part IV will suggest that the use of formal judicial proceedings to resolve cultural property disputes is less effective as compared with ADR, using the aforementioned case studies as those exemplifying this resolution scheme and promoting its usage. Part V will be the conclusion to this Note.

Disciplines

Administrative Law | Comparative and Foreign Law | Constitutional Law | Cultural Heritage Law | Dispute Resolution and Arbitration | Law

Recommended Citation

Sam Markowitz, A Meteorite and a Lost City: Mutually Beneficial Solutions Through Alternative Dispute Resolution, 14 Cardozo J. Conflict Resol. 219 (2012).
Available at: https://larc.cardozo.yu.edu/cjcr/vol14/iss1/10