From the wreck of the Titanic to looted treasure, Michael L Nash considers the complexities that separate possession from ownership
- The article explores the evolving issues distinguishing possession from ownership, especially in cases involving artefacts of cultural and historical value—often complicated by national boundaries, wartime looting and shifting political contexts.
- From the Titanic to the bust of Nefertiti, there is a tangled web of claims, counterclaims and diplomatic tensions surrounding the rightful ownership and repatriation of artefacts.
I first wrote about this topic in 2004 (‘Request, recovery & return’, 154 NLJ 7117, p15). Although some basic principles in this very complex issue remain the same, much has developed in the past 20 years.
The basic principle which remains constant is the difference between possession and ownership. Possession is a much older concept than ownership, the recognition of which is a mark of more developed and—to the mind of the West, at least—more settled societies, which develop cultural norms.
These twin concepts, never
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