TY - JOUR
TI - Forms of cooperation between states to recover lost cultural goods – comments on the search for an optimal model
AU - Gerecka-Żołyńska, Anna
AU - Branicka, Zofia
TI - Forms of cooperation between states to recover lost cultural goods – comments on the search for an optimal model
AB - 
	In the search for an optimal pattern of conduct for the settlement of disputes concerning the ownership of cultural property, the article characterises the legal means and conciliation initiatives available to states. The discussion is limited to the forms of cooperation confirmed in international law instruments, developed especially in the framework of UNESCO’s period of activity, as adopted in the second half of the 20th century and thereafter. In this context, the use of litigation before both the International Court of Justice and national courts is discussed. Attention is also given to conciliatory forms of dispute resolution, distinguishing between consensus initiatives involving only the states interested in resolving the dispute and forms extended to include the participation of impartial mediators supporting the parties in their search for a satisfactory solution. The article assumes that the development of an out-of-court compromise is particularly desirable when the settlement of a dispute concerning the ownership of a cultural asset by an international tribunal or national courts, due to the legal status in force, limits the prospect of obtaining a substantive settlement satisfactory to all parties involved in the conflict.
VL - 2023
IS - 1/2023 (9)
PY - 2023
SN - 2391-7997
C1 - 2450-050X
SP - 37
EP - 54
DO - 10.4467/2450050XSNR.23.004.18116
UR - https://ejournals.eu/en/journal/saaclr/article/formy-wspolpracy-miedzy-panstwami-w-celu-odzyskania-utraconych-dobr-kultury-uwagi-wokol-poszukiwania-optymalnego-wzorca-forms-of-cooperation-between
KW - cultural property
KW - restitution
KW - agreement
KW - mediation
KW - settlement procedures
KW - UNESCO
KW - International Court of Justice