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  • New
  • Open Access Icon
  • Research Article
  • 10.1017/s094073912610023x
Testing ethical disagreement on ancestral human remains in museums
  • Feb 11, 2026
  • International Journal of Cultural Property
  • Errol Francis + 2 more

Abstract The display of ancestral human remains in museums is a contentious ethical issue, raising concerns around the dignity and respect for ancestral lived lives versus the role of remains for education and scientific enquiry. Against the backdrop of recent debates sparked by the deinstallation of ancestral remains at several museums (e.g., the removal of the Shuar tsantsas at the Pitt Rivers Museum) and revisions of national and international ethics codes, this essay explores the role of two methodologies – a trial and interactive workshop – in producing inclusive spaces to support ethical decision making and practice. Digital participation technologies were used to support an accessible mode of participation that was anonymous – allowing attendees to express opinions about emotive and challenging subjects, such as ancestral human remains. For both examples, attendees and participants identified key priority and action areas for the sector and within their places of work. The activities will contribute to a wider research project that is investigating value and ethical disagreements and polarization within museums.

  • New
  • Open Access Icon
  • Research Article
  • 10.1017/s0940739126100216
Using kastom evidence in court: A legal and archaeological review of the intersection between Indigenous cultural heritage, land ownership, and law in Solomon Islands
  • Jan 26, 2026
  • International Journal of Cultural Property
  • Charles James Tekarawa Radclyffe + 1 more

Abstract Solomon Islands’ plural legal system, in which customary law operates in parallel with common law, and its practice and effects on society have drawn scholarly attention in spaces of legal studies, policy, economics, and state governance. An area that remains understudied is the dynamic nature in which landowners use Indigenous cultural heritage such as ancestral sites or genealogies as kastom evidence in courts. We explore this intersection through a critical review of the literature, Solomon Islands court judgments, and the nation’s lacking cultural heritage legislation. Two major infrastructure development projects in Solomon Islands, the Tina Hydro Project located on Guadalcanal and the Bina-Talifu Project on Malaita, are also examined to explore the nuances of state-led compulsory versus negotiated land acquisition. Fueling the perception that the customary land system is more of a hinderence than a strength to its peoples, these case studies demonstrate the fluid and unpredictable nature with which kastom evidence has been implemented in legal forums to substantiate or dispute claims. Ultimately, we argue that this largely reflects an incongruence between the British legal framework and traditional land tenure systems. Furthermore, we highlight how greater integration of archaeological expertise into legal processes of land surveying in Solomon Islands has the potential to mitigate some of these challenges.

  • New
  • Open Access Icon
  • Research Article
  • 10.1017/s0940739126100228
Legal personhood for cultural heritage? Some preliminary reflections
  • Jan 23, 2026
  • International Journal of Cultural Property
  • Alberto Frigerio

Abstract Cultural heritage occupies a paradoxical position in law: It is protected as property but experienced as a repository of identity, memory, and dignity. This article examines whether cultural heritage could, in principle, be recognized as a subject of law, drawing on emerging developments in environmental and nonhuman personhood. After tracing the historical and conceptual evolution of legal personhood—from human and corporate subjects to nature and ecosystems—it explores the moral, relational, and symbolic dimensions that might justify extending personhood to heritage. The analysis highlights both the potential benefits of such recognition, including stronger ethical and representational protections, and the associated risks, such as legal inflation, state appropriation, and conflicts with ownership and restitution law. Ultimately, it argues that rethinking heritage through the lens of relational personhood reveals the need for a more pluralistic and ethically responsive legal imagination.

  • Open Access Icon
  • Research Article
  • 10.1017/s0940739125100179
Review of Patty Gerstenblith. 2024. Cultural Objects and Reparative Justice: A Legal and Historical Analysis. Oxford: Oxford University Press.
  • Jan 12, 2026
  • International Journal of Cultural Property
  • Anaïs Mattez

  • Research Article
  • 10.1017/s0940739125100192
Patent law, traditional knowledge, and disclosure practices in Aotearoa New Zealand
  • Jan 12, 2026
  • International Journal of Cultural Property
  • Jessica C Lai + 1 more

Abstract On 24 May 2024, member states of the World Intellectual Property Organization (WIPO) adopted the Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge. Mandating that contracting parties require that patent applicants disclose any genetic resources or associated traditional knowledge that their invention is based on, the treaty has been hailed as historic triumph. In this article, we analyze whether the treaty is so remarkable in relation to Aotearoa New Zealand’s existing law and practice. Finding that it is not, and that the treaty could place limits on the law, we argue that Aotearoa New Zealand should not sign the Treaty but could learn from it. We conclude that, while Aotearoa New Zealand must continue to partake in any ongoing international negotiations, it should continue to find ways to address the domestic situation.

  • Research Article
  • 10.1017/s0940739125100155
Cultural heritage in security discourse: Mapping the securitization process
  • Nov 17, 2025
  • International Journal of Cultural Property
  • Dilek Elvan Çokişler

Abstract This article maps how cultural heritage has been securitized in international discourse by analyzing seven key United Nations Educational, Scientific, and Cultural Organization (UNESCO) and UN Security Council (UNSC) documents (2003–2017). Drawing on the Copenhagen School’s framework and its distinction between identification and mobilization, the study reveals a two-stage process. Initially, heritage destruction was framed as a human rights violation, later escalating into a global security threat linked to terrorism and conflict financing. Through a sectoral and scalar typology of referent objects, the analysis highlights divergent framings by UNESCO (societal, normative) and the UNSC (military, strategic). Despite strong discursive alignment—culminating in UNSC Resolution 2347—the mobilization of extraordinary measures remained limited. The article concludes that heritage securitization is discursively robust but operationally incomplete, shaped by institutional capacities, leadership shifts, and evolving geopolitical contexts. These findings contribute to the broader literature on security politics, norm diffusion, and the symbolic power of heritage in global governance.

  • Open Access Icon
  • Research Article
  • 10.1017/s0940739125100131
When rights are not enough: bridging international legal frameworks and endangered language preservation through Middle Eastern policy models
  • Nov 13, 2025
  • International Journal of Cultural Property
  • Darina Saliba Abi Chedid

Abstract This article examines endangered language protection through domestic legislation, questioning reliance on international linguistic human rights frameworks. While international courts frequently decline to enforce language rights independently, national legislation proves more effective in safeguarding linguistic diversity. Through a comparative case study of Qatar, Lebanon, and Morocco, this research identifies effective domestic approaches to protecting linguistic diversity. Qatar’s Law No. 7 of 2019 balances Arabic promotion with minority protections. Lebanon’s multilingual educational framework and Morocco’s constitutional recognition of Tamazight demonstrate how domestic mechanisms provide substantive linguistic safeguards. These cases reveal that successful preservation requires enforceable domestic legislation rather than theoretical international frameworks lacking implementation mechanisms. The article exposes critical gaps between idealistic international instruments and enforceable protections, advocating state-centered approaches that treat language as both cultural heritage and living practice. Effective preservation emerges from coordinated national legislation combined with community initiatives within existing human rights frameworks. This shift from international idealism to domestic pragmatism offers viable pathways for protecting global linguistic diversity – particularly urgent given that approximately 3,000 languages face extinction within the coming decades. The study presents implementable alternatives to failed international strategies, demonstrating how context-specific domestic policies achieve meaningful preservation outcomes.

  • Open Access Icon
  • Research Article
  • 10.1017/s094073912510012x
Terrorism and cultural heritage: an unconventional threat assessment
  • Nov 13, 2025
  • International Journal of Cultural Property
  • Craig Ross

Abstract Multiple terrorist attacks on cultural heritage since 2001 have drawn heritage into international security politics, reframing it from a Law of Armed Conflict issue to one of hybrid warfare. This exploratory study uses semi-structured interviews with 51 practitioners from two community groups to examine perspectives on terrorism and heritage, testing assumptions in the literature against protection practices. Findings reveal that credible, dynamic threat data is scarce, leading to reliance on historic event data to extrapolate future risks. The article proposes a new multi-layered cultural intelligence framework for more critical threat assessments and argues that concerns over religiously motivated terrorist attacks may be overstated, suggesting a shift toward considering political and ideological drivers within unconventional warfare.

  • Research Article
  • 10.1017/s0940739125100143
On “Distorting history”: a reply to Staffan Lundén
  • Nov 5, 2025
  • International Journal of Cultural Property
  • Dan Hicks

Abstract Earlier this year a Swedish archaeologist based at Gothenburg University’s Centre for Critical Heritage Studies published an unfounded ad hominem attack on me in the pages of the International Journal of Cultural Property. I am grateful to the editors for this right to reply to Staffan Lundén’s wholly spurious claims, and order to correct the record. Despite its provocative, “clickbait” title, not one substantive mistake or incorrect fact was identified in Lundén’s article in my book “The Brutish Museums”. The motivation for Lundén’s serial accusations against colleagues with whose scholarship on the history of the Benin Expedition he disagrees - from curators at the British Museum to members of the Royal Court of Benin - is discussed. In conclusion, the allegation that my book The Brutish Museums is “part of a trend away from pro-British perspectives” is contextualised and refuted. On the contrary, this reply argues, openness and transparency about the colonial past and present is a key element of the reclamation and reimagining of Britishness that is unfolding in the 2020s – this unfinished period that the book calls “the decade of returns”.

  • Research Article
  • 10.1017/s0940739125100106
Safeguarding public collections: A new approach to the recovery of cultural objects unlawfully removed from state ownership
  • Aug 1, 2025
  • International Journal of Cultural Property
  • Vanda Vadász + 1 more

Abstract In this study, we argue that uncovering losses from public collections and making efforts to recover them is of fundamental importance concerning the responsible management of state assets and the maintenance of the cultural public interest. In recent times, the perception of museums has been in a constant state of flux, with international expectations associated with them sometimes appearing to be contradictory. While much attention has been paid to the diligence of care, museums must exercise in areas such as acquisition, deaccessioning policies, repatriation, and decolonization, an equally important function – but one less discussed in the international literature – which is the duty of public collections to safeguard and manage state-owned assets. In 2023, the Hungarian National Museum implemented a new initiative aimed at recovering cultural property that had disappeared from public collections under unknown circumstances. This procedure has already generated numerous insights that the current study analyzes, ranging from the difficulty of shedding light on decades-long ownership chains to the challenges of acquisition and the effectiveness of dispute resolution. The Hungarian initiative represents an additional approach to the protection of cultural property, addressing a significant gap in the Hungarian heritage protection system that has received less attention.