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FIGHT AT THE MUSEUM: WHY THE UNITED KINGDOM
SHOULD AMEND SECTION 5 OF THE BRITISH MUSEUM
ACT 1963
Tara Rosen*
ABSTRACT
The British Museum Act 1963 and the British Museum have been
the center of controversy in the global art repatriation movement, facing
criticism from other nations and international organizations. Modern
trends towards recognizing and legitimizing repatriation claims have
influenced museums across the world to collaborate and negotiate with
formerly colonized nations to bring culturally significant artifacts
home. The United Kingdom has failed to hop on the international
bandwagon, with their position on repatriation being no returns
regardless of whether the British Museum has bona fide ownership. The
British Museum Act does not permit trustees of the British Museum to
dispose of any objects because of strict fiduciary duty laws. The U.K.
Parliament has the power to change the law to reflect the sentiment of
the international community. This Note argues that, despite a long
history of convoluted repatriation law, the U.K. Parliament may-
and should-amend the British Museum Act to lay out exceptions for
genuine, legally-supported repatriation claims.
I. INTRODUCTION
In 1897, British forces violently invaded Benin and wreaked havoc
upon its community,1 burning the palace and banishing the Oba,
Benin's king.2 In addition to stealing lives and dignity, the British
military looted countless Beninese artifacts, which resulted in not
only a loss of physical and economic property, but history and cul-
ture as well.3 It is true that when historical artifacts are taken from
* J.D. 2024, The George Washington University Law School; B.A. 2021, State
University of New York at Binghamton.
1. See Emily Duthie, The British Museum: An Imperial Museum in a Post-Imperial World, 18
PUB. HIST. REv. 12, 17 (2011); Home Box Office, Museums: Last Week Tonight withJohn Oliver
(HBO), YouTUBE, at 05:53 (Oct. 3, 2022), https://youtu.be/eJPLiT1kCSM [https://perma.
cc/DV9N-NDPX].
2. Jane Clinton, Cambridge University to Return over 100 Looted Benin Bronzes to Nigeria,
GUARDIAN (Dec. 14, 2022, 18:39), https://www.theguardian.com/culture/2022/dec/14/
cambridge-university-to-return-over-100-looted-benin-bronzes-to-nigeria [https://perma.
cc/9L44-RL3A].
3. See Home Box Office, supra note 1, at 06:26, 07:07.
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