ABSTRACT

This chapter focuses on the practice of individuals, private museums, and auction houses. It aims to explore whether there is increasing public endorsement for states of origin's interests in their wrongfully removed heritage to be respected, which is the basic idea underpinning the proposed customary rule. The chapter provides suggestions for individuals, private museums, and auction houses on how to avoid unnecessary negative headlines, reputational damage and becoming embroiled in recovery disputes, and more importantly, how to settle recovery disputes peacefully and quickly. Museums are called on not only to adopt stricter policies at acquisition and acceptance, but also to take prompt and responsible steps to deal with recovery claims. Additionally, recent cases have shown ethical and historical considerations have been taken into account rather than mere application of legal instruments. The available practice reflects that the recognition of states of origin's connection with their heritage play a role in facilitating outcomes that is appropriate to states of origin' interests.