Cultural Heritage Law Commons^™

Frameworks For Repatriation: Moving Beyond Nagpra, Ashley Joplin

Electronic Theses and Dissertations

Museums and similar federally funded educational institutions have been collecting human remains since the Enlightenment era in the 1800s. Since then, these institutions have developed various collections practices that have encouraged the collection of human remains. Often unethical in nature, these collections have harmed historically marginalized communities, such as Indigenous and African American communities. While the ethics of collecting have been under scrutiny for decades, it was not until 1990 under the Native American Graves Protection and Repatriation Act (NAGPRA) that mainstream attention was drawn to the ethics of collections practices.

This thesis explores these collections practices and the repatriation …

The Intersection Of Cultural Rights And The Repatriation Of African Art: A Comparative Analysis Of International And North American Legal And Ethical Frameworks, Kennedy Wilson

The International Law Review Association Student Forum

The debate surrounding the repatriation of African and Indigenous art held in global museums is a complex and multifaceted issue that demands an examination of its historical, legal, and ethical dimensions. Emmanuel Macron's 2018 statement in Ouagadougou, Burkina Faso, encapsulates the core of this debate: “I cannot accept that a large part of the cultural heritage of several African countries is in France,” he declared. “There are historical explanations for this but there is no valid, lasting and unconditional justification. African heritage cannot be only in private collections and European museums.” This sentiment perfectly captures the profound unease surrounding the …

You Got That From Where?: Unpacking Art Imperialism In Western Museums Through The Seated Scribe And The Bust Of Nefertiti, Emmy Shouse

Honors Program Theses

This thesis examines how major Western museums perpetuate colonial narratives in their displays of cultural property through analyses of the displays of two ancient Egyptian antiquities–the Seated Scribe and the Bust of Nefertiti. Despite stated goals of decolonization, institutions like the Louvre and Neues Museum prioritize object presentations glorifying Western imperial excavations and acquisitions over providing historical and cultural context about the objects' Egyptian origins. Sparked by site visits to Egyptian museums and subsequent visits to Berlin’s Neues Museum and the Louvre in Paris, this thesis contrasts disappointing imperialist displays of Egyptian antiquities in European institutions to each object’s full …

Black Lives Matter And The Push For Colonial-Era Cultural Heritage Restitution, Kathryn Speckart

Catholic University Law Review

The influence of the Black Lives Matter movement extends into U.S. museums in the form of calls for “decolonization” of collections comprised of art and artifacts from Africa and other colonized areas. As a result, the accompanying legal and ethical questions surrounding these artifacts now figure prominently in the museum industry. This Comment analyzes why the current U.S. cultural heritage law framework does not accommodate colonial-era African artifacts. This is due to few of these artifacts being subject to legal claims under current laws, African artifacts not having protection as a special classification, and the lack of enforcement mechanisms in …

What Is Cultural Misappropriation And Why Does It Matter? 03-31-2021, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

Repatriation And Cultural Preservation: Potent Objects, Potent Pasts, Peter H. Welsh

University of Michigan Journal of Law Reform

Parts I and II discuss the preservation idea itself and the history of museums' participation in cultural preservation efforts. Parts III and IV then look specifically at the repatriation issue, providing some background on initiatives that have influenced peoples' thoughts and actions. Finally, Part V outlines and discusses some of the issues that have made resolution of the repatriation issue particularly complex.

Thinking About The Elgin Marbles, John Henry Merryman

Michigan Law Review

In the early nineteenth century, a British Lord removed much of the sculpture from the Parthenon and shipped it to England. Housed in the British Museum and named after their exporter, the Elgin Marbles have become a source of international controversy. The Greeks wish to see the Marbles returned to the Acropolis and their position is supported by a growing movement seeking the repatriation of cultural property. The Elgin Marbles are representative of the many works of art in the world's museums and private collections that could be subject to repatriation. Rejecting the emotional appeal of the Greek position, Professor …