Overview

The treatment of cultural colonial objects is one of the most debated questions of our time. Calls for a new international cultural order go back to decolonization. However, for decades, the issue has been treated as a matter of comity or been reduced to a Shakespearean dilemma: to return or not to return. Confronting Colonial Objects seeks to go beyond these classic dichotomies and argues that contemporary practices are at a tipping point. The book shows that cultural takings were material to the colonial project throughout different periods and went far beyond looting. It presents micro histories and object biographies to trace recurring justifications and contestations of takings and returns while outlining the complicity of anthropology, racial science, and professional networks that enabled colonial collecting. The book demonstrates the dual role of law and cultural heritage regulation in facilitating colonial injustices and mobilizing resistance thereto. Drawing on the interplay between justice, ethics, and human rights, Stahn develops principles of relational cultural justice. He challenges the argument that takings were acceptable according to the standards of the time and outlines how future engagement requires a re-invention of knowledge systems and relations towards objects, including new forms of consent, provenance research, and partnership, and a re-thinking of the role of museums themselves. Following the life story and transformation of cultural objects, this book provides a fresh perspective on international law and colonial history that appeals to audiences across a variety of disciplines. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on the Oxford Academic platform and offered as a free PDF download from OUP and selected open access locations.

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9780192868121

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This rich and engaging book addresses the heritage of empire. It illuminates current debates over cultural objects displaced by colonial powers. Professor Stahn presents not only the historical and legal context of these debates but also proposes a nuanced account of relational cultural justice to navigate the dilemmas faced by cultural institutions. This is a profound contribution to cultural heritage scholarship. * Hilary Charlesworth, Judge of the International Court of Justice * This is a dynamic and insightful contribution to the growing literature on cultural colonial takings in law that takes seriously the complexity and urgency of multifaceted demands for colonial reparations. It is breathtaking in its coverage, and an expansive and nuanced reference text that is essential reading for anyone interested in law as a site of decolonial praxis. * E. Tendayi Achiume, Former United Nations Special Rapporteur on Racism, Racial Discrimination, Xenophobia, and Related Intolerance *

Author Information

Carsten Stahn is Professor of International Criminal Law and Global Justice at the Leiden Law School and Queen's University Belfast. He is former Legal Officer at the ICC and author/editor of 17 books and over 80 articles in international law and international justice. He holds a PhD and Habilitation from Humboldt University Berlin. He received the Ciardi Prize of the International Society for Military Law and multiple research grants from the Dutch Science Foundation (NWO) on Post-Conflict Justice and jus post bellum.

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