Relationality in flux : a critical re-evaluation of cultural heritage law in a globalising world

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Tam, So Yin; Sadowski, Mirosław M. and Bonaviri, Gianluigi Mastandrea and Ceccotti, Filippo, eds. (2025) Relationality in flux : a critical re-evaluation of cultural heritage law in a globalising world. In: Heritage in War and Peace IV. University of Strathclyde Publishing, Glasgow. ISBN 9781914241802 (https://doi.org/10.17868/strath.00093381)

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Abstract

This paper critically re-evaluates current cultural heritage law frameworks. It advocates for a paradigm shift that conceptualises "cultural property" as dynamic processes and materials rather than static objects. Taking from Tim Ingold's "Materials Against Materiality," the essay reframes cultural heritage through the lens of relationality by foregrounding cultural heritage objects' flux and interaction with their anthropological and material environment. The paper argues that prevailing international legal instruments such as the 1954 Hague Convention and the 1970 UNESCO Convention should be revamped for their dated, object-centred, and state-centric approaches. A critical examination of these instruments and their history reveals their weaknesses in capturing the fluid nature of cultural heritage and their prioritisation of national interests over broader international objects and community rights. By considering the conceptual artworks Post Hoc Relic (2019) and The Other Nefertiti (2015), this paper interrogates traditional notions of ownership, control, and restitution vis-à-vis the contemporary and historical movement of cultural heritage objects. In particular, the case studies highlight the limitations of private international law in combating illicit trade, the tension between private property rights and public interest, and the challenges of digital repatriation in an increasingly globalised and digitalised world. To conclude, this challenges the narrative of authorised heritage by advocating for the inclusion of indigenous discourses in heritage governance. The embracing of inclusive community-centred frameworks facilitates the recognition of heritage as a shared, living anthropological fabric rather than a static relic, a relational approach of which is essential towards addressing historical injustices and establishing a more equitable and sustainable cultural order.

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