Alternative methods of dispute resolution are an important resource in matters of cultural heritage in addressing the return, restitution, and repatriation of cultural property. The purpose of this article is to analyze the situations in which such methods might be preferred to the classical judicial means and to examine the problems that might arise.

The article is in two parts. The first part describes the actors as well as the current methods used for the restitution and return of cultural property. The second part explores the types of property that lend themselves to alternative dispute resolution techniques and lists the—often original—substantive solutions that have been used in practice.

Alternative methods of dispute resolution enable consideration of nonlegal factors, which might be emotional considerations or a sense of “moral obligation,” and this can help the parties find a path to consensus.

Digital technologies have often been perceived as imperilling traditional cultural expressions (TCE). This angst has interlinked technical and sociocultural dimensions. On the technical side, it is related to the affordances of digital media that allow instantaneous access to information without real location constraints, data transport at the speed of light and effortless reproduction of the original without any loss of quality. In a sociocultural context, digital technologies have been regarded as the epitome of globalization forces—not only driving and deepening the process of globalization itself but also spreading its effects. The present article examines the validity of these claims and sketches a number of ways in which digital technologies may act as benevolent factors. It illustrates in particular that some digital technologies can be instrumentalized to protect TCE forms, reflecting more appropriately the specificities of TCE as a complex process of creation of identity and culture. The article also seeks to reveal that digital technologies—and more specifically the Internet and the World Wide Web—have had a profound impact on the ways cultural content is created, disseminated, accessed and consumed. It is argued that this environment may have generated various opportunities for better accommodating TCE, especially in their dynamic sense of human creativity.

Disputes over the retention of human remains in museum and other collections are further exacerbated by the common law's limited recognition of the human body and its parts as property. Equity has long recognised the rights of the personal representatives of the dead to possession of the corpse or its remains for decent disposal. This essay considers the possible application of equitable principles to applications for the return of human remains from museum and other collections.

Built heritage conservation is not easily achievable through the market, as it involves use of urban space and thus opportunity cost. The problem is more serious if there is no government support. This is the case in Hong Kong, where both the market and the state are not favorable to built heritage conservation. However, in 2005, through a local voluntary organization, a built heritage of Hong Kong—the Tung Wah Coffin Home—was conserved, and the project won one local and one regional conservation award. While conservation of built heritage by the voluntary sector has been common among developed countries, it is new in Hong Kong. This article first situates the issue in a general political-economy perspective and then analyzes the case of the Tung Wah Coffin Home, in particular, in the context of Hong Kong. The purpose is to examine what this case tells us about the role of the voluntary sector and its relationship with the government in providing built heritage conservation.

In 2002, the California state legislature enacted a law temporarily suspending the statute of limitations in certain Holocaust art cases. In doing so, it removed a major procedural obstacle facing plaintiffs and effectively revived claims once considered time-barred. Seven years later, the U.S. Court of Appeals for the Ninth Circuit held in von Saher v. Norton Simon Museum of Art at Pasadena that this California law was unconstitutional under the foreign affairs doctrine, because it impermissibly intruded on the federal government's exclusive power to make and resolve war. In so holding, the Ninth Circuit became the first court in the United States to restrict the authority of the states to inject themselves into the realm of Holocaust art litigation.