Res Extra Commercium and the Barriers Faced When Seeking the Repatriation and Return of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach

Authors

Sara Gwendolyn Ross, Dalhousie University Schulich School of LawFollow

Document Type

Article

Publication Date

2016

Keywords

Cultural Heritage, Repatriation, Decolonization, Eurocentric Legal Ideals, Cultural Objects

Abstract

The repatriation and return of objects of cultural value are often linked to decolonization projects and efforts to repair past wrongs suffered as a result of colonialism. Yet significant barriers hinder these efforts. These barriers primarily take the shape of time limitations, diverging conceptions of property and ownership, the high costs involved, and the domestic export and cultural heritage laws of both the source country and the destination country. I argue that these barriers are relics of colonialism that replicate and perpetuate the continued imposition of Eurocentric and Western legal notions and values on subaltern source countries and source indigenous groups. In order to truly move beyond the remaining relics of colonialism into a context where the culture and values of all groups are accorded equal respect, it is important that these barriers be removed.

Comments

Article also available through SeattleU Digital Commons at https://digitalcommons.law.seattleu.edu/ailj/vol4/iss2/5

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-No Derivative Works 4.0 International License.

Recommended Citation

Sara Gwendolyn Ross, "Res Extra Commercium and the Barriers Faced When Seeking the Repatriation and Return of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach" (2016) 4:2 Am Indian L Rev 297.