‘Mediation of Cultural Heritage Disputes – The idea that ancient art possesses a Cultural Domicile of Origin.’

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See my previous posts on LinkedIn:
·        ‘What is an appropriate Model for the Mediation of Patrimonial Disputes?’: https://lnkd.in/e8QraBG6
·        ‘Mediation of Cultural Heritage Disputes.’ https://lnkd.in/edDC55rX

My ‘1st Principle of Repatriation’ – which was formulated today is:

Putting:

(i) Law;
(ii) Politics; and
(iii) National Feeling,

all on one side – what is the nexus between:

(a) the ‘Cultural Soul’ of the Claimant community/people/state; and
(b) the ‘Cultural Homeland’ of the artefact?

‘Cultural Soul’ – In a sense, every claim for the return of an artefact, is a claim about the return of something that forms part of the ‘Cultural Soul’ of a claimant community/people/state, today.

‘Cultural Homeland’ – Today, where, if anywhere, is the ‘legitimate place’ to which a historical artefact ‘belongs’, and therefore as a matter of Ethics, should be returned?

In other words, if there is one, where is the ‘Cultural Homeland’ of the artefact?

The idea of the existence today, of a ‘Cultural Homeland’, is based upon two philosophical concepts under International Cultural Heritage Law that I will examine in my Monograph:

(i)          ‘Patrie’; and
(ii)         ‘Lex Originis’.

‘Cultural Domicile’ – Every disputed historical artefact came from somewhere. So, by analogy to the concept of ‘Domicile of Origin’ in Private Law, which is attributed at birth, an artefact can artificially be imbued with a fictional ‘Cultural Domicile of Origin’. Arguably, just as a person’s domicile can change during their lifetime through e.g. choice, a Cultural Domicile of Origin can be altered through legitimate transfer.

My 2nd Principle of Repatriation is – ‘Provenance and Cultural Significance.’

–     What is known about the Provenance of the artefact?
–     What ancient people in Antiquity created the artefact, and for what purpose?
–     What is the cultural significance of the artefact and to whom today?’
–     What cultural beliefs, myths and legend are associated with this artefact?
–     What ritual/practice of veneration, is the artefact believed to have been involved /used in?
–     What spiritual/magical qualities have been attributed by Folklore to this artefact?