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Title: Negotiating cultural property disputes : bridging the gap between theory and practice : a way forward
Author: Shehade, M.
ISNI:       0000 0004 8499 2341
Awarding Body: UCL (University College London)
Current Institution: University College London (University of London)
Date of Award: 2017
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The thesis examines cultural property disputes and the attempts for their settlement through negotiation, which constitutes a novel subject as very limited research exists on the application of negotiation theory in heritage management. The research focuses on claims for the repatriation of antiquities and other cultural objects, in which the claiming parties are States and museums are on the receiving end of the claims. The thesis investigates three case studies: The Metropolitan-Italy case, the Getty-Italy case and the Getty-Greece case and presents for the first time a coherent and complete analysis of the negotiations carried out in these cases and identifies the variables and elements that affected their development. The analysis is based on an innovative, interdisciplinary approach combining legal, cultural, ethical and political arguments together with negotiation theories. Although these case studies are well known, the details of the negotiations were not publicised that much, and the agreement documents for two of these cases remained confidential. The thesis presents an in-depth analysis of both the negotiations carried out and the agreements signed. Through the examination of both the three case studies and more than 100 other cases that were studied and included in a database, the basic elements that can affect the negotiation and development of such cases will be presented. Nine elements affecting cultural property disputes negotiations, together with their variations, are identified. Through a system dynamic approach, these elements' interplay and the created dynamics are unveiled, uncovering a complexity not fully grasped so far. Finally, bringing together these identified elements, the thesis introduces a novel framework for managing and negotiating cultural property disputes, which can be used by the involved parties as a framework to guide their steps throughout the dispute and during negotiations and facilitate resolution.
Supervisor: Fouseki, K. Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available