Legal Regulation of Palaeontology

The question of how fossils, and palaeontological objects more broadly, are most accurately classified and protected by law is becoming increasingly pressing. A booming fossil market where dinosaur skeletons sell for millions has given rise to an increase in scrutiny and critical response. High-profile fossil auctions are usually accompanied by scientists mourning the loss of significant specimens to private collections. Similarly, ethical and legal issues such as research on amber with fossil inclusions mined in a war zone in Myanmar or repatriation disputes concerning fossils (e.g., between the Netherlands and Indonesia on the Dubois collection) are areas of increasing concern.

This gives rise to a demand for legal expertise on fossil-related issues which is currently unmet. Legal researchers are virtually absent from these debates, in which stakeholders display substantial difficulty in even assessing what the applicable legal framework for fossils is to begin with.

A notable recurring theme is fossils falling into a ‘legal grey zone.’ For instance, in Myanmar, fossils (antiquities, legally speaking) may not be exported, but amber (legally a gemstone) can—so where does that leave amber with fossil inclusions? Similarly, many states ban the trade in elephant ivory—but what about the trade in mammoth ivory? Does Montana’s law, which differentiates surface and mineral rights, consider fossils to be ‘minerals’ or rather part of the surface estate?

Whereas the latter issue has been resolved in a court ruling and addressed through a corresponding legal reform, the legal classification of palaeontological objects is often not authoritatively determined. Domestic legislation is heterogeneous, and jurisdictions might define fossils as minerals, antiquities, or cultural objects or not regulate them at all. This opens up fascinating question: not only about how palaeontology is best regulated, but also how law deals with ambiguity. After all, values such as clarity, certainty, predictability are among its core characteristics—and here, fossils provide an excellent opportunity to study what happens when the law is confronted with a class of particular objects that challenge its rigorous classification.

These questions are at the heart of my doctoral research at Maastricht University, under the preliminary title “Bones of Contention: Mapping the Odd Interactions of Law with Palaeontological Objects”.