关于归还1897年英国军事远征期间从贝宁移走的非洲艺术品的问题:实践和法律方面

S. Chebanenko
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引用次数: 0

摘要

“贝宁青铜器”的命运问题是归还欧洲殖民统治时期从非洲大陆出口的非洲艺术品这一更普遍问题的一部分。英国军队掠夺贝宁王国(现代尼日利亚领土)古迹的历史与许多其他掠夺非洲原始遗产的例子的不同之处在于,在这种情况下,抢劫是军事冲突的结果,双方在政治上都是独立的。严格来说,各党派的政治独立性不允许在“大都会-殖民地”关系体系中考虑这种情况。贝宁古迹的现代所有者分布在世界上许多博物馆和其他收藏品中,他们认识到他们的收购是不公正的,但他们并不总是认识到归还这些文物的可能性和必要性。这些物品从非洲出口后的历史很复杂,而且在大多数情况下,没有直接归还的法律依据,这些都促进了这一点。最近,局势发生了重大变化,使得有可能转让来自贝宁的大部分艺术品,其依据与其说是法律条文,倒不如说是恢复正义的愿望。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Regarding the problem of restitution of African art pieces removed from Benin during the British military expedition of 1897: practice and legal aspects
The question of the fate of the “Benin bronze” is part of a more general problem of the restitution of African art pieces exported from the continent, during the period of European colonial rule. The difference between the history of the looting of the monuments of the Benin Kingdom (the territory of modern Nigeria) by British troops from many other examples of the removal of original African heritage, is in the fact, that in this case there was a robbery committed as a result of a military conflict, both sides of which were politically independent. The political independence of each party, strictly speaking, does not allow for the situation to be considered in the system of relations “metropolis — colony”. Modern owners of Benin monuments, spread across a number of museums and other collections in the world, recognize the injustice of their acquisitions, but they do not always recognize the possibility and necessity of restitution of these artifacts. This is facilitated by the complexity of the history of objects after their exportation from Africa and the absence of, in most cases, legal grounds for their direct return. Recently, the situation has changed significantly, making it possible to transfer a vast portion of art pieces, originating from Benin, on the basis of not so much the letter of the law, but on the desire to restore justice.
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