Abstract
This article is divided into two main sections, exploring the ownership and disposition of Scotland’s cultural heritage through the lenses of the Treasure Trove system and the repatriation of looted artefacts. The former, grounded in the principle of bona vacantia, attributes unclaimed artefacts to the Crown as the representative of the nation, thereby contributing to the protection of national historical treasures through cultural nationalism. Furthermore, this paper elucidates the scope of the bona vacantia principle by examining the emblematic case of Lord Advocate v University of Aberdeen and Budge. It also assesses the practical implementation of Scotland’s Treasure Trove system, critically discussing the advantages and disadvantages of this comprehensive nationalization process. However, when addressing the repatriation of looted artefacts from the colonial era, it is necessary to transcend cultural nationalism. This article posits that a relational justice approach is more open and equitable, using the return of the Benin Bronzes as an exemplar. It discusses the repositioning of Scottish museums and the opportunity presented by artefact repatriation to foster cultural exchange with formerly colonized nations and the preservation of cultural heritage, under a methodology that emphasizes the inherent responsibility in the relationship between people and objects, as well as educational ethos.
