The past laws of nations

Memory, identity and legislation in international disputes over cultural property

Abstract

Based on a dialogue between two well-known sub-disciplines, cultural history and legal anthro­pology, the following article explores recent dis­putes involving various groups and related institu­tions in the global South and their historical claims to cultural property, the right to its curatorship, at­tempts to facilitate restitution and tensions within international organisations. To this end, I shall ex­amine and compare four lawsuits brought against the British Museum in recent years by the states of Chile, Egypt, Nigeria and Greece, demanding the restitution of objects that they claim form part of the cultural heritage of their communities. This provides a glimpse of the enormous legal, histori­cal, ethical and political challenges involved in ex­amining disputes that span controversial horizons and require clear definitions within the framework of overlapping discordant systems, all of which ren­ders these conflicts uncomfortable and challenging for the international community as a whole.