The purpose of this study is to address the issue of the repatriation of cultural
property within the context of relevant historic외 and contemporary issues. Some
fundamental questions in the debate over cultural property are: How do different
cultures define the term ’ cultural property’?: Should cultural heritage be repatriated?:
Who has the rightful ownership and/ or responsibility to preserve cultural properties
of past?: and What values and criteria have been used in the setting of disputes?
For a theoretical foundation , the nature of artifacts as culturally embedded
object is examined philosophically , politically and within an historical context.
Then the dichotomy of cultural nationalism and cultural internationalism is
presented in order to delineate values and arguments , thereby providing values
and priorities for a reasonable and workable paradigm by which to treat the issue.
The strategies used to address the issues of repatriation are the definitional
testO .e., the definition of cultural property through the content analysis) and case
studies{a review of precedent records of repatriation).
The content analysis reveals some obstacles to consensus in repatriation
because the definitions of cultural property are neither consistent nor uniform in
spite of being similar in their purpose and content. The case studies also unveil
some aspects of conf1ict in the issue of repatriation such as the legal dimensions of domestic and international remedies for the equitable settling of disputes.
I conclude that. despite the fact that most nations are actively trying to protect
their cultural heritage , it is clear that there are still no absolute values , no
uniform definition on c비tural property, and no systematic principles in dealing
with the issues of repatriation of cultural property. However, as a beginning, in
my view, identifying the function , nature and significance of objects and the
means of their removal is an imperative strategy for resolving disputes over title.
In this , the dignity of all parties involved should be preserved , while describing
the dynamic exchange of views on repatriation. It is my hope that such a strategy
may lead a greater cooperation between nations in securing just and fair outcomes
through ensuring benefits to all.