Law, museums & the return of cultural objects

Abstract

This dissertation considers the processes of removal and return of the cultural objects of occupied communities during colonisation. These processes ore located within the brooder contexts of the development of international low. the growth of museums, and the altering relations between European and non-European peoples from the nineteenth to the twenty-first centuries. The work uses o critical historical framework, with particular reference to cultural objects from the Asia Pacific region, to examine Anglo-American colonialism. This analysis is undertaken through a series of three case studies: First, Britain is considered during the nineteenth and early twentieth centuries as the embodiment of the imperialist collecting zeal on display at the International Exhibitions and the South Kensington Museum; Second, the relations between the US government and museums, particularly the Museum of Modern Art, and Native Americans are examined during the first half of the twentieth century and the opposition between the protection of indigenous cultural identities, and their material manifestations, and free trade in art and artefacts; and Third, Australia and the Australian Museum in the late twentieth century is scrutinised in light of decolonisation and challenges visited by indigenous peoples upon the established narratives surrounding the restitution debate. There is an examination of various international initiatives touching on the restitution of cultural objects throughout these successive periods. It is suggested that the debate concerning the restitution of cultural objects to formerly colonised and indigenous peoples is informed and stifled by principles and practices developed to facilitate European colonial and commercial expansion from the nineteenth century onwards. This dissertation delineates three rationales for the restitution of cultural objects in international law: First. the restoration of link between people, land and cultural objects; Second, the reversal or amelioration of discriminatory and genocidal practices; and Third, the amalgamation of the preceding rationales to enable self-determination and reconciliation. It is concluded that the question of restitution of cultural objects transcends the physical act of return. Instead. it is shown that this is a significant component of the processes of self-determination. cultural development and the renegotiation of relations between the occupier and occupied. Furthermore, this scheme of rationales highlights the importance of restitution of cultural objects in ensuring the continuing contribution of all peoples to the cultural heritage of humankind.