The 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects: The Role of International Arbitration

1996 ◽  
Vol 5 (1) ◽  
pp. 19-72 ◽  
Author(s):  
Emily Sidorsky
Keyword(s):  
Dispute Resolution ◽  
Cultural Property ◽  
International Arbitration ◽  
Cultural Objects ◽  
Depth Analysis ◽  
Dispute Resolution Mechanism

SummaryGreat efforts have been made by representatives of a multitude of countries to rectify the situation currently confronting parties, whether they be private individuals or states, that seek the return of stolen or illegally exported cultural objects. The organization UNIDROIT has been at the forefront of that effort. In June of 1995, representatives of over seventy states met in Rome and adopted the UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects. The UNIDROIT Convention will enter into force as it is ratified by individual states.The UNIDROIT Convention provides a claimant of a Contracting State with the option of using arbitration to settle its dispute. Until now, there has been little discussion of the advantages that international arbitration can bring to this domain. This article focuses on the benefits of international arbitration in facilitating the resolution of cultural property disputes. It presents an in-depth analysis of the text of the UNIDROIT Convention in the context of existing regulations in this area. It then examines three different approaches to international arbitration. These models serve to highlight the particular characteristics of this dispute resolution mechanism that make it ideally suited to cultural property disputes.

Part III Practice and Procedure, 12 Advantages of Arbitration for International Mining Disputes

2017 ◽  
Author(s):  
Burnett Henry G ◽  
Bret Louis-Alexis
Keyword(s):  
Dispute Resolution ◽  
International Institutions ◽  
Decision Makers ◽  
International Arbitration ◽  
National Courts ◽  
Arbitration Process ◽  
International Dispute ◽  
Dispute Resolution Mechanism ◽  
International Chamber Of Commerce

This chapter discusses arbitration for international mining disputes. Such disputes often involve parties from different countries often with different legal systems and cultures. Arbitration in a neutral forum, with independent and impartial decision-makers, as opposed to litigation in the national courts of one party or the other, is, in most cases, the preferred international dispute resolution mechanism. Some of the more well-known international institutions include the International Chamber of Commerce (ICC), London Court of International Arbitration (LCIA), International Centre for Dispute Resolution (ICDR), and the International Centre for Settlement of Investment Disputes (ICSID). The remainder of the chapter provides a general overview of the role of national courts in connection with the international arbitration process and some of the primary issues that involve consideration by national courts.

International Arbitration as Private and Public Good

2020 ◽  
pp. 397-420
Author(s):  
Ralf Michaels
Keyword(s):  
Public Good ◽  
Dispute Resolution ◽  
Public Law ◽  
State Courts ◽  
International Arbitration ◽  
Commercial Arbitration ◽  
Investment Arbitration ◽  
Public Nature ◽  
Private And Public ◽  
Dispute Resolution Mechanism

This chapter addresses the private and public nature of international arbitration. International arbitration is often characterized as an exclusively private dispute resolution mechanism, sharply distinguished from litigation, which is viewed as public because it is provided by the state. This is clearest for commercial arbitration. Commercial arbitration is initiated on the basis of a private arrangement: a party cannot be subjected to arbitration unless they agreed to it previously. Investment arbitration is a little more difficult to categorize, given its emergence from public international law, its involvement of states as parties, and the frequency with which it deals with public law measures. Indeed, significant differences exist between commercial and investment arbitration. Nevertheless, it too is characterized as a private dispute resolution mechanism at least in the sense that it is resolved by institutions other than state courts. The chapter then evaluates whether arbitration is a private or public good. It also demonstrates the ways in which adjudication by courts combines elements of private and public goods, before finding a parallel combination of private and public good aspects in international arbitration.

Protecting Taonga: the cultural heritage of the New Zealand Maori

1999 ◽  
Vol 8 (1) ◽  
pp. 108-132 ◽  
Author(s):  
RK Paterson
Keyword(s):  
New Zealand ◽  
Cultural Heritage ◽  
Indigenous Peoples ◽  
Cultural Property ◽  
Found Objects ◽  
Cultural Objects ◽  
Major Development ◽  
Unesco Convention ◽  
Waitangi Tribunal

New Zealand concerns regarding cultural heritage focus almost exclusively on the indigenous Maori of that country. This article includes discussion of the way in which New Zealand regulates the local sale and export of Maori material cultural objects. It examines recent proposals to reform this system, including allowing Maori custom to determine ownership of newly found objects.A major development in New Zealand law concerns the role of a quasi-judicial body, the Waitangi Tribunal. Many tribunal decisions have contained lengthy discussions of Maori taonga (cultural treasures) and of alleged past misconduct by former governments and their agents in relation to such objects and Maori cultural heritage in general.As is the case with legal systems elsewhere, New Zealand seeks to reconcile the claims of its indigenous peoples with other priorities, such as economic development and environmental protection. Maori concerns have led to major changes in New Zealand heritage conservation law. A Maori Heritage Council now acts to ensure that places and sites of Maori interest will be protected. The council also plays a role in mediating conflicting interests of Maori and others, such as scientists, in relation to the scientific investigation of various sites.Despite these developments, New Zealand has yet to sign the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The changes proposed to New Zealand cultural property law have yet to be implemented, and there is evidence of uncertainty about the extent to which protecting indigenous Maori rights can be reconciled with the development of a national cultural identity and the pursuit of universal concerns, such as sustainable development.

scholarly journals LEGAL ASPECT OF ONLINE ARBITRATION IN EUROPEAN UNION AND CHINA

Law Review ◽  
2019 ◽  
Vol 19 (2) ◽  
pp. 222
Author(s):  
Manja Indah Sari
Keyword(s):  
European Union ◽  
East Asia ◽  
Dispute Resolution ◽  
Legal Aspect ◽  
South East Asia ◽  
Role Of Government ◽  
Factors Affecting ◽  
Dispute Resolution Mechanism ◽  
Online Arbitration

<p>Indonesia is highly regarded as a country with the biggest e-commerce market in South-East Asia. This creates an urgency for the Indonesian government to offer an efficient and effective dispute resolution mechanism to settle dispute arising from e-commerce transaction. Online arbitration as an arbitration conducted online through means of internet and technology may provide solution to the disputes arising from e-commerce transactions. Thus, this article sets out the legal aspect of online arbitration in European Union and China as countries with the most developed online arbitration and largest market of e-commerce. The author will use normative research through comparative, statue approach and will be based on the regulations from primary and secondary resources.</p><p>            This article compares six aspects of online arbitration in European Union and China, covering the arbiter, role of government, scope, procedure, enforcement, and factors affecting enforcement. The comparison may give further recommendation on the prospective of online arbitration in Indonesia.</p>

scholarly journals Qualitative Analysis of Consumer Redressal Practices in Indian Regulated Sectors

2020 ◽  
Vol 9 (4) ◽  
pp. 361-370
Keyword(s):  
Decision Making ◽  
Qualitative Analysis ◽  
Dispute Resolution ◽  
Consumer Complaint ◽  
Regulatory Data ◽  
Dispute Resolution Mechanism ◽  
Telecom Sector ◽  
Resolution Structure

This paper aims to study and analyseconsumer complaint resolution mechanisms and ombudsman frameworks in three Indian regulated sectors and tries to compare it with that of telecom sector. Here an analysis of regulatory data is carried out. The paper is both theoretical and analytical in nature.This research sheds light on complaint resolution frameworks in Indian regulated sectors such as “Banking, Insurance, Electricity and telecom. Role of Ombudsman and alternates dispute resolution mechanism in the sector is also studied. It is necessary for Ombudsman to perform its duties and responsibilities for overall growth of the sector.Visible, sharp complaint resolution structure and noticeable, orderly decision making entity are truly necessary component of complaint solving mechanism. This Paper also analyses statistics, facts of complaint resolution rates etc. Consumer complaint solving framework is a regulatory vehicle for discarding of grievances. This research is indicator of eight principles of effective consumer resolution mechanism.

scholarly journals Harmonization of Arbitration Laws in some Asian and European Countries

Pro Futuro ◽  
2021 ◽  
Vol 10 (4) ◽  
Author(s):  
Gauri Nirwal
Keyword(s):  
Public Policy ◽  
International Trade ◽  
Dispute Resolution ◽  
European Countries ◽  
International Arbitration ◽  
The Public ◽  
The World ◽  
Recognition And Enforcement ◽  
Dispute Resolution Mechanism ◽  
The Relationship

The present paper studies the relationship between domestic and international arbitration laws and the harmonization factor amongst some Asian and European jurisdictions. During the last decades, there has been a significant change and globalization in the world and with the expansion of businesses and trade a better dispute resolution mechanism is required in order to maintain the harmony in international trade. It has become a necessity to balance the domestic arbitration laws with the international ones. This brief paper identifies and comments on some of the areas where differences remain including differences in recognition and enforcement of arbitral awards in various jurisdictions over the public policy defence, and where further examination and research to reach and solve disputes amicably might be useful.

Part I Introduction, 1 Introduction

2019 ◽  
Author(s):  
Baumann Antje ◽  
Pfitzner Tanja V
Keyword(s):  
Dispute Resolution ◽  
Ad Hoc ◽  
General Structure ◽  
Historical Background ◽  
International Arbitration ◽  
Party Autonomy ◽  
Applicable Law ◽  
Arbitral Proceedings ◽  
Dispute Resolution Mechanism ◽  
Substantive Law

This introduction discusses arbitration as a method for resolving disputes. It first provides an overview of the advantages of arbitration as a dispute resolution mechanism and a brief historical background on the development of modern international arbitration before exploring the effects of arbitration agreements, taking into account the applicable law for the question of arbitrability (objective arbitrability and subjective arbitrability). It then considers two options between which parties can choose when deciding to settle their dispute by arbitration: institutional arbitration and ad hoc arbitration. It also analyses the parties’ right to choose—based on the principle of party autonomy—the place and language of arbitration, the substantive law applicable to the merits of the dispute, and number of arbitrators. Finally, it explains the applicable rules and general structure of arbitral proceedings as well as the enforceability of arbitral awards.

scholarly journals Putting into Place Solutions for Nazi Era Dispossessions of Cultural Objects: The UK Experience

2016 ◽  
Vol 23 (4) ◽  
pp. 385-406 ◽  
Author(s):  
Charlotte Woodhead
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Advisory Panel ◽  
Cultural Objects ◽  
The Uk ◽  
Dispute Resolution Mechanism ◽  
Nazi Era ◽  
The Way

Abstract:Since 2000, the United Kingdom’s Spoliation Advisory Panel has provided an alternative dispute resolution mechanism for resolving disputes surrounding Nazi era dispossessions of cultural objects. This article analyzes the way in which the panel has reached its recommendations and how they have been implemented. While the panel’s recommendations provide a means of resolving disputes in circumstances where litigation might fail a claimant, claimants may encounter difficulties should an institution fail to implement the recommended remedy because of the extra-judicial nature of the recommendations. This article therefore analyzes the effectiveness of the panel’s work in overcoming some of the shortcomings of litigation and the way in which the parties have put into effect the panel’s recommendations. Furthermore, suggestions are made for ways in which to ensure compliance with the recommendations even in the absence of judicial enforcement.

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