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Title
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Repatriation as Restitution: Toward Procedural Rights for Indigenous Claims to Moveable Cultural Property
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Description
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The market for indigenous works tends to favor older items that were taken from indigenous owners in the distant past and then preserved by collectors. Indigenous peoples attempting to reclaim culturally significant works in overseas art collections may therefore face a variety of challenges when navigating foreign legal systems, including various levels of compliance with international repatriation mechanisms, differing ownership laws and statutes of limitations, and even the recognition of indigenous legal personality. This article proposes that the United Nations General Assembly promulgate a resolution that allows indigenous peoples to bring a claim in foreign courts independently of their home State by explicitly affirming that indigenous peoples (1) collectively own their moveable cultural property; (2) have universal jus standi for the purpose of reclaiming their cultural property; and (3) may bring a claim when the current owner transfers the property, regardless of national statutes of limitations.
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Date Issued
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2020
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Bibliographic Citation
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George Washington International Law Review; Vol. 52 Issue 3 (2020)
