Decolonizing collections: A legal perspective on the restitution of cultural artifacts

Abstract

These requests are indeed confronted with various obstacles, whether it is the limited scope of the conventions, their non-retroactive nature, or the expiration of periods of limitation. In the absence of applicable international standards, plainti ff s must then refer to national laws and courts of justice in the States concerned in the dispute. However, due to the complexity of situations and the diversity of legal systems, legal proceedings are o ft en unpredictable and unsatisfactory. In these circumstances, many restitutions today are the result of alternative processes (voluntary restitution, mediation, or arbitration) which allow the participants to invoke moral, ethical, or deontological principles and lead to equitable solutions adapted to each situation.