Repatriation of the Kohinoor Diamond: Expanding the Legal Paradigm for Cultural Heritage

Ghoshray, Saby

Journal: Fordham International Law Journal

Volume: 31

First Page: 741

Year: 2007

Bluebook Citation: 31 FORDHAM INT'L L.J. 741 (2007)

Author: Saby Ghoshray: all 17 publications


Abstract

This Article is segmented as follows: Part I provides an historical account of the temporal trajectory through which the Kohinoor diamond has evolved over the centuries. The exploration of the legality of repatriation begins in Part II, where it explains the structural difficulties presented by arguments that seek to justify the retention of cultural artifacts. This leads to the discussion of the existing international law framework in Part III. The background presented in these sections provides the foundation utilized to advance a theoretical framework that expands the definition of cultural artifacts to define the legal paradigm for the repatriation of cultural heritage.

Finally, Part IV concludes with the affirmation that there is no place for the continuation of colonial blunders by refusing to repatriate cultural artifacts on account of commercial interests and faulty legal reasoning.

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