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16 Conn. J. Int'l L. 197 (2000-2001)
The Public Interest in the Restitution of Cultural Objects

handle is hein.journals/conjil16 and id is 203 raw text is: THE PUBLIC INTEREST-IN THE RESTITUTION OF CULTURAL OBJECTS Patty Gerstenblith* INTRODUCTION The looting of archaeological sites has persisted for centuries, but since the end of World War H its scope has grown dramatically while, at the same time, the ability of scientific excavation to recover critical historical and cultural information has been revolutionized. The divergence in these two paths has made the question of preservation of the past, so that knowledge and understanding in the future can benefit, of ever greater urgency for the public interest and has led to the development of particular legal and public responses. One of these responses is the restitution of stolen and looted cultural objects to their owners. In proposing that the remedy of restitution is one of the most effective means of encouraging preservation of the past, it is necessary to examine that public interest and the methods that have evolved for effectuating it. The word, restitution, means a remedy involving return.' In discussing restitution, it is necessary to acknowledge that there are, broadly speaking, three categories of cultural objects that have been subject to claims of restitution. The first of these categories consists of art works that were created primarily for their aesthetic value and were always intended for sale as art works. These types of objects are found in public or private collections. The second category is composed of archaeological objects that are, by definition, recovered from archaeological sites or that were part of an integrated architectural monument. This category consists of * Professor, DePaul University College of Law. I want to thank Kelly Kuglitsch for her assistance in the research and preparation of this article. I also want to thank the students of the University of Connecticut Law School who organized the symposium at which this paper was first presented. I. Restitution of personal property can be the result of an action brought by the original owner or person with the right of possession to recover personal property. The cause of action, which may be called replevin or detinue in different states, involves an action to recover the property itself rather than its equivalent value. See Robert K. Paterson, Hitler and Picasso - Searching for The Degenerate, 33 U. BRIT. COLUM. L. REv. 91, 99 & n.26 (1999) (distinguishing between actions in detinue and actions in conversion, for which the remedy is only monetary damages); Chauncey D. Steele IV, The Morgantina Treasure: Italy's Quest for Repatriation of Looted Artifacts, 23 SUFFOLK TRANSNAT'L L. REV. 667, 702 (2000) (outlining requirements for a cause of action in replevin under state statutues). Restitution can also be obtained through a forfeiture action brought by the government which then turns the object over to the original owner. Voluntary restitution of cultural objects is also achieved when the current possessor voluntarily returns it to the original owner. Restitution is particularly desirable in the case of cultural objects because of their unique nature and high significance to the culture of the nation. See Claudia Fox, The Unidroit Convention on Stolen or Illegally Exported Cultural Objects: An Answer to the World Problem of Illicit Trade in Cultural Property, 9 AM. U. J. INT'L L. & POL'Y 225, 236-37 (1993).

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