Arbitrating African cultural heritage disputes

Abstract Legal, ethical, historical, cultural, and political questions in relation to African cultural heritage are increasingly the focal point of international, regional, and national debates. It is now widely recognized that African cultural disputes – often between African States (or State institutions) on the one hand, and Western States, State institutions and private actors on the other – are ripe for settlement, especially on the basis of law, including international law. This article focuses on international arbitration as a means for resolving African cultural heritage-related disputes and, for the first time analyses the benefits of all types of international arbitration (State-to-State arbitration, investment treaty arbitration and commercial (contract-based) arbitration) from the perspective of African States and actors in relation to the resolution of African cultural heritage disputes, which include disputes regarding the return of African cultural objects. This article examines for the first time the potential role of all types of arbitral proceedings ((i) State-to-State arbitration, (ii) international investment treaty arbitration (or, as often-called, Investor-State Dispute Settlement (ISDS)), and (iii) commercial arbitration) for the resolution of Africa-related cultural heritage disputes.