Indeterminacy in the cultural property restitution debate

Abstract

The debate over the restitution of cultural property is usually framed as the dispute between what John Henry Merryman defined as ‘cultural nationalism’ and ‘cultural internationalism’: the opposite viewpoints that argue whether cultural heritage objects should be returned to their countries of origin or spread around the world as determined by other principles. I argue, however, that the concepts are problematic both in their definition and their perception as two dialectically opposed sides of a dispute. This article analyses the restitution debate by examining some of the most important arguments and counterarguments used in the debate and by comparing them to the international law ‘New Stream’ theory. It is revealed that a similar indeterminacy which defines international law in the theory also defines the restitution debate, and that cultural nationalism and internationalism do not in fact provide answers to the debate but only function as two entry points that echo each other without a way to end the debate. Therefore, it is necessary to see beyond the two concepts in order to find solutions to the disputes.