Dear John,
Congratulations on what seems to have been a great success in Seoul. I'm sorry I wasn't there this time but look forward to reading the papers on the web.
The proposal to have ICOM be a broker in cultural property disputes is interesting, and worth exploring. I would be good to have ICOM play a substantial role in the international arena. Before this can happen, however, we must take inventory of all the mechanisms that are already in place, as well as the position taken by some museums. As you well know, there are many countries that have signed Unesco convention on illicit traffic and each one seems to implement it in different ways. Just gathering the information about the national implementation mechanisms would be a huge contribution to the field.
As you also know, some of the mayor museums in North America and Europe have taken a very tough position regarding return and restitution. We need to consider that. Not that ICOM should not take a position on this, but that the position be well thought out and discussed with those concerned - in both sides. If we are going to make progress in these areas - and by this I mean having our actions come closer to achieving our goals - we need to think these problems "outside the box". We must find new strategies that address the concerns and interests of the many stakeholders. Most of all, we cannot continue to offer the same solutions that have not worked in the past. Those of all us who have been involved with ICOM for many years know the "default" position of people, and falling into those will not help move things along. Most of all, we should avoid placing ICOM in a situation that will not allow it to succeed - I don't think the organization would survive having its "authority" ignored once again.
All this said, I would be happy to participate in any work being done in this area. Let me know how I can help.
Best regards,
Marta
Marta de la Torre
Director Museum Studies
Florida International University
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-----Original Message-----
From: John McAvity <[log in to unmask]>
Sent: Oct 26, 2004 9:05 PM
To: [log in to unmask]
Subject: INTERCOM/resolution of cultural property disputes?
Dear Members of ICOM and INTERCOM;
INTERCOM had a very strong program in Korea as part of the ICOM
triennial conference. It was a great success and very well attended.
(INTERCOM is ICOMs international committee devoted to museum management
and leadership). www.intercom.icom.museum
In particular, one session drew much attention, namely the proposal that
ICOM create a mechanism for the resolution of cultural property disputes
between museums and others.
This proposal by Professor Marilyn Phelan was controversial but inspired
a good debate on the issues of the return of cultural property
worldwide, including mechanisms for mediation or arbritation as more
effective dispute resolution mechanisms.
There was much support for a constructive action by ICOM although there
were also calls for a conservative approach.. These papers will be
posted shortly on the INTERCOM website, including papers by official
respondents as well as the proposal by Professor Marilyn Phelan of Texas
Tech University in the USA.. Please watch for updates as these papers
have not yet been posted to the INTERCOM website.
This matter of arbitration vs meditation will be referred to the new
ICOM Standiing Committee on Legal Affairs which is chaired by the
respected Professor Patrick Boylan of the UK.. The Committee met in
Seoul and recommendations for future actions wil be forthcoming to the
ICOM Executive Councilfollowign further meetings..
Many of the papers from the INTERCOM sessions will be posted on our
website for INTERCOM as soon as possible. Please bear with us as we are
a volunteer committee with only limited volunteer resources..
In addition the list of the new Board Members for this international
committee are now posted on our website, as well as the minutes of our
business meeting in Seoul, Korea. Please see our website for new
information on INTERCOM.
For further information. please go to, www.intercom.icom.museum. Look
under "news" or "home".
Take a close look at our website as there are many papers posted there
from previous conferences from Ireland, Isreal, Canada, to Australia..
INTERCOMs will be soon deciding on meetings for 2005 and 2006 and we
invite you to attend as soon as details are annoucned.
Stay in touch with our website for up to date inforrmation on our
activities. www.intercom.icom.museusm
Sincerely,
JOHN McAVITY
Secretary Treasurer
INTERCOM
www.icom.museum/intercom
Executive Director
Canadian Museusms Association
www.museums.ca
.
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