“Ubirajara” and Irritator Belong to Brazil: Achieving Fossil Returns Under German Private Law

Abstract

Abstract While disputes concerning the return of antiquities and artworks have become increasingly prevalent and receive public attention, the parallel issue of returning unlawfully exported fossils is rarely discussed. The fossils of “Ubirajara jubatus” and Irritator challengeri are prime examples of such disputes: they were taken from Brazil unlawfully, as Brazilian researchers allege, and displayed in German museums. The return disputes were characterized by both parties relying on arguments based almost exclusively on public (international) law. This Article explores private law as an alternative approach to these and similar disputes, discussing whether the fossils are the property of Brazil and could, therefore, be claimed in an action for restitution under German law. It finds that both fossils belong to Brazil since the museums did not acquire good title through a good faith purchase or acquisitive prescription.