Реституция и репатриация культурных ценностей: позитивистский подход бывших метрополий против подхода стран третьего мира к международному публичному праву

Abstract

The article addresses the correlation between the mechanism of international legal regulation of restitution and repatriation of cultural heritage with the position of moral philosophy, exemplified by their voluntary return to countries of the Global South within the framework of the “metropolis-colony” model, aiming to restore historical justice in the context of cultural artifacts’ removal by former metropolises from former colonies’ territories. It highlights the problem of the current impossibility to recognize this process as a legal institution of international law due to the lack of a unified declared approach to solving the aforementioned issue. The article concludes by advocating for the necessity of consolidating the existing experience and developing a unified concept for the return of cultural heritage lost by previously colonial dependent states. It argues that the basis of restitution and repatriation lies not only in the moral paradigms of Western Europe and modern political interests but also in the preservation of global cultural heritage and the prevention of the voluntary restitution’s exploitation as a legitimate means of its transfer to private collections. This article delves into the intricacies of international legal frameworks surrounding the restitution and repatriation of cultural artifacts, juxtaposing the positivist stance of former colonial powers against the perspectives of nations from the Third World. It scrutinizes the ethical and political dimensions of governments’ attitudes towards their historical colonial past, examining various models of voluntary restitution within the national systems of the Netherlands, France, the United Kingdom, and Germany. The analysis underscores the imperative of synthesizing diverse approaches and crafting a cohesive strategy for returning cultural treasures to their rightful owners. Moreover, it emphasizes the multifaceted motivations underlying restitution efforts, emphasizing not only moral imperatives and modern political agendas but also the imperative of safeguarding the world’s cultural heritage and thwarting the exploitation of voluntary restitution as a conduit for the legitimization of cultural appropriation into private collections.