Just published: Grundlagen für die Rückgabe von Kulturgut aus kolonialen Kontexten by Jessica Kaune

Völkerrechtliche Grundlagen für die Rückgabe von Kulturgut aus kolonialen Kontexten - ein Beitrag zur Lösung postkolonialer Konflikte  (International law principles for the restitution of cultural property from colonial contexts - a contribution to the resolution of post-colonial conflicts)

by Jessica Kaune, just published in the series "Beiträge des UNESCO-Lehrstuhls für Internationale Beziehungen", Volume 19/2024

The discussion about the return of cultural property from colonial contexts has gained increased attention in recent years. While some cultural objects removed under colonial conditions have been returned to countries of origin, the majority of them remain in Western collections. The return of these cultural objects could play a critical role in addressing post-colonial conflicts. This paper approaches the return debate from an international law perspective, examining the extent to which international law contains a general right of return for countries of origin regarding their cultural property removed under colonial conditions. To this end, the foundations of international law are first examined with regard to potential return claims. Subsequently, the paper will analyze the practical application of these legal frameworks. Finally, the author will evaluate whether other legal policy instruments, such as exceptions to the principle of intertemporality or the consideration of pre-colonial law, could be conducive to returns and whether there is a need for reform. The analysis shows that although international law provides a valuable framework for the protection and return of cultural property, it does not yet provide a general right of return for cultural property removed under colonial conditions. In particular, the principle of non-retroactivity hinders the application of the legal principles to cultural property from colonial contexts. Alternative legal policy approaches face both practical and legal challenges and have not yet been able to establish a solution. Therefore, the paper calls for increased voluntary returns and proactive and responsible actions by former colonial powers in order to enable cooperation on an equal footing and contribute to the resolution of post-colonial conflicts.

Further information can be found at
https://nbn-resolving.org/urn:nbn:de:bsz:14-qucosa2-944863