02262nas a2200253 4500000000100000000000100001008004100002260000800043653002200051653002300073653001600096653002200112653001700134653001400151653003100165653001700196653001500213100002100228245009700249300001200346490000700358520162900365022001401994 2020 d csep10acultural heritage10aIndigenous peoples10aColonialism10aCultural property10aHuman rights10aArt trade10aInternational property law10aNazi-looting10aProvenance1 aEvelien Campfens00aWhose Cultural Objects? Introducing Heritage Title for Cross-Border Cultural Property Claims a257-2950 v673 aCultural objects have a special, protected, status because of their intangible heritage value to people, as symbols of an identity. This has been so since the first days of international law and, today, there is an extensive legal framework to protect cultural objects and to prohibit looting. Despite this, for as long as demand exists and profits are high, cultural objects continue to be looted, smuggled and traded. At some point, their character tends to change from protected heritage in an original setting to valuable art and commodity in the hands of new possessors. In this new setting, the legal status of such objects most likely will be a matter of ownership and the private law regime in the country where they happen to end up. This article suggests that, irrespective of the acquired rights of others, original owners should still be able to rely on a heritage title if there is a continuing cultural link. The term aims to capture the legal bond between cultural objects and people, distinct from ownership, and is informed by international cultural heritage and human rights law norms. The proposition is that, whilst ownership interests are accounted for in national private law, legal tools are lacking to address heritage interests and identity values that are acknowledged in international law. Neither the existing legal framework for the art trade, based on the 1970 UNESCO Convention, nor regular ownership concepts appear particularly suited to solve title issues over contested cultural objects. The notion of heritage title in a human rights law approach can act as a bridge in that regard. a0165-070X