When it comes to restitution, how can museums solve a problem like inalienability?

In an Art Law Corner column published 11 February 2026, Alexander Herman of the Institute of Art and Law examines how the legal principle of “inalienability” restricts museums—especially in France—from permanently removing objects from public collections, including for restitution. He notes that in France, objects generally cannot be deaccessioned without a special law passed by Parliament, citing precedents such as the 2010 return of Māori mokomokai to New Zealand and the return of an Ivorian “talking drum” last year. The piece also describes workarounds, including long-term loans like the 2011 return of the Joseon Manuscripts to South Korea and a 2024 case in which a Benin ceremonial stool (kataklè) was struck from the French inventory via regulation to enable its restitution after being deposited in Finland for more than 80 years. Herman argues that clearer legal structures and policies are crucial for institutions to make moral decisions about returning objects.

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