Restitution of cultural property

The module presents the UNESCO (1970), UNIDROIT (1995) and Hague (1954) conventions, their contributions and their limits, notably non-retroactivity. It shows how national law, usages and ethical principles complete the framework.

Magistrates learn to determine the law applicable to an old transfer of ownership.

Who was the owner? How did the property leave the territory? Is the current holder in good faith? The module teaches how to reconstruct the chain of ownership, assess the buyer's due diligence and handle archive evidence that is sometimes old or incomplete.

A workshop is devoted to analysing a complex provenance file.

Requests come from States, communities, museums or individuals. The module explains immunities from jurisdiction and enforcement, the representation of communities, managing divergent interests and the requirements of neutrality.

A round table brings together magistrates, State representatives and curators to debate concrete cases.

Restitution is not always an either/or choice between "everything" and "nothing": long-term loans, co-ownership, shared custody, restitution with a right of study. The module shows how the judge can encourage mediation and approve the agreement.

A simulation puts participants in the position of a mediator in a restitution case.

A restitution ends with a physical transfer: packing, transport, insurance, conservation, ceremony. Magistrates learn to provide for these arrangements in their decision and to ask for follow-up.

Cooperation with the protection department and the registry of the arbitral tribunal is presented as a way to organise enforcement.

The Academy's reception service answers practical questions Monday to Friday, in French, English and Spanish, and can direct each visitor to the programme, scholarship or free resource that fits their situation. A guidance counsellor also offers a thirty-minute individual meeting, by appointment, to build a realistic training pathway.

Trainees' feedback is valuable: each session gives rise to a questionnaire, and the most useful suggestions are examined each quarter by the teaching committee. Do not hesitate to write to report a difficulty, propose a subject or tell us what the training has changed in your practice.