The ethical principle of ‘beneficence’ is based in part upon the Aristotelian concept that ‘the whole is greater than the sum of its parts.’ So, museum trustees are under an ethical duty, subject to countervailing factors, to collaborate in re-uniting all parts of the cultural artefacts that were affixed to the Parthenon with the monument.

The British Museum (‘BM’) has various tools available for accomplishing this which are discussed on the ‘Mediation of Cultural Property Disputes’ page at www.carlislam.co.uk.

Whatever creative solution is agreed must be approved by Parliament. The Government will need to propose a bill so that the artefacts held by the BM can be de-accessioned.

The ‘National importance’ test may provide a precedent, e.g. the Derynaflan Treasures, see (Webb v. Ireland [1988] Irish Reports 353 (High Court), 373 (Supreme Court), per the Chief Justice at [383]).

Another solution, which I innovated is split legal and beneficial ownership using a trust, whereby (i) Legal title to the Parthenon Marbles (‘PM’) is vested in both BM and Greek National Trustees; and (ii) The PM is beneficially owned by (a) Greece; and (b) Mankind.

A ‘trust’/’fiduciary’ custodial solution might for example involve the transfer of the PM to a bespoke trust created by statute for the benefit of: (i) the people of Greece; and (ii) mankind, involving the appointment of both BM and Greek T‘s, and the conferring of a power on the T‘s to deliver the PM to Greece for permanent display.

Outcome – Indivisible legal title to the PM is jointly held by: (i) the BM T‘s; and (ii) the Greek T‘s.

The PM is beneficially (i.e. actually owned) by: (i) the people of Greece; and (ii) Mankind (including the people of Great Britain).

The PM are delivered to Athens for permanent display.

There is no loan.

So, to an extent, this is a practical win/win solution for both the BM T‘s and Greece.