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.
Original language | English |
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Pages (from-to) | 298-318 |
Journal | International Journal of Cultural Property |
Volume | 30 |
Issue number | 3 |
DOIs | |
Publication status | Published - 2023 |
Externally published | Yes |
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Dive into the research topics of '“Ubirajara” and Irritator Belong to Brazil: Achieving Fossil Returns Under German Private Law'. Together they form a unique fingerprint.Prizes
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2024 Pierre Lalive and John Henry Merryman Fellowship in Art and Cultural Heritage Law
Stewens, P. (Recipient), 15 Jan 2025
Prize: Fellowship awarded competitively › Academic
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Paper of the Month (History, Classics and Archaeology)
Stewens, P. (Recipient), 2024
Prize: Prize (including medals and awards) › Academic
Press/Media
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Repatriation controversy surrounding the fossil of Irritator challengeri
25/05/23
1 item of Media coverage
Press/Media: Expert Comment › Popular
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Study on fossil 'stolen' from Brazil is taken down by scientific journal; editor says he supports return of skull
17/05/23
1 item of Media coverage
Press/Media: Public Engagement › Popular