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Art and Artifact Repatriation Rachel Heiss California State University, Stanislaus University Honors Program INTRODUCTION I am looking at art and artifact repatriation because I want to find out the current status of the ownership/repatriation debate to better understand the relationship between museums and source countries so that we can find a diplomatic solution. I have found that the debate of ownership and repatriation has turned more in favor of the source countries in the last three decades. A major turning point was the 1970 UNESCO convention “on the means of prohibiting and preventing the illicit import, export, and transfer or ownership of cultural property.” BACKGROUND/LITERATURE REVIEW Illegal/Illicit excavations of ancient sites have created a large collection of unrecorded artifacts of historical and cultural value. These items are looted in order to be sold, first through black market dealers and then through legitimate auction houses, ending up in the hands of museums and private collections all over the world. There are ethical statements and expectations, but few actual laws governing the sale of artifacts, even for those objects lacking a documented ownership history that are highly suspect of being looted. Many highly regarded museums and private collectors were (and are!) buying objects regardless of their legitimacy. This lead to countries with rich cultural history and a high amount of looting to demand repatriation and restitution of items that are suspected of being stolen. QUESTION/RATIONALE Can a world or encyclopedic museum, where countries and cultures share their artifacts with other countries and cultures in a scholarly exchange, solve the dispute? In this way, more people will be able to experience the rich culture and heritage that belongs to the entire human race in a way that we can ensure its preservation and availability for future generations. It is important that we find a diplomatic solution, so that the flow of objects, ideas, history and culture between museums and countries can continue. METHODS/RESEARCH DESIGN I am working on finding a diplomatic solution between museums and source countries. I plan to compare and contrast the acquisition and repatriation policies of both major and minor museums, along with private collections. At this point in my research, I have seen that many museums have changed their policies very much in the last 20 years. One thing that seemed to set off the changes was an exposure of the connection between curators at prominent museums and black market dealers in illicit antiquities. The scandals, which revealed detailed activities from prominent museums’ histories, such as the Getty, the MET and the Boston MFA, were tinder that helped to start a fire of new resolutions and policies in museums, other institutions, and countries all over the world. SIGNIFICANCE This topic is significant because the material remains of the past are important in the present. It will gauge the current standing of the debate, the main arguments from each side, the intended solutions that have already been put in place, and what more can be done to find common ground. My main inquiries will be into the guidelines set by the UNESCO conventions, the acquisition and repatriation policies of museums, the cultural property ownership laws of countries, often referred to as source countries, from which artifacts have been taken and what more can be done in all areas that has not yet been done or what can be further expanded upon that has already been shown to be a successful tactic. BIBLIOGRAPHY Cuno, James (2009). Whose culture? The promise of museums and the debate over antiquities . Princeton, NJ: Princeton University Press. Felch, J., & Frammolino, R. (2011). Chasing Aphrodite: The hunt for looted antiquities in the world's richest museum. New York, New York: Houghton Mifflin Harcourt. Goldsleger, E. W. (2005). Contemplating contradiction: A comparison of art restitution policies. Journal Of Arts Management, Law & Society, 35(2), 109-120. MacDougall, B. (2009). The market overt method to obtain ownership of lost or stolen goods: Comment on Manning v. Algard Estate, [2008] BCSC 1129. International Journal Of Cultural Property, 16(1), 85-93. Mcguigan, C. (2007). Whose Art Is It?. Newsweek, 149(11), 54-57. Museum Heads Say: Hands Off Our Stuff. (2003). Art in America, 91(2), 37. Renfrew, Colin (2000) Loot, legitimacy, and ownership: The ethical crisis in archaeology. London: Duckworth. Roehrenbeck, C. A. (2010). Repatriation of cultural property: Who owns the past? An introduction to approaches and to selected statutory instruments. International Journal of Legal Information: The Official Journal of the International Association of Law Libraries, 38(2). Retrieved March 5, 2015, from http://scholarship.law.cornell.edu.ezproxy.lib.csustan.edu:2048/cgi/ viewcontent.cgi?article=1216&context=ijli http://www.digital-images.net/Gallery/Art/GettyVilla/gettyvilla.html http://www.getty.edu/global/r/images/ getty_logo_og.png http://logok.org/wp- content/uploads/2015/01/Met-logo.png http://www.mfa.org/sites/all/themes /guide/images/logo.mfa_facebook-thumb.png Contact Info: Rachel Heiss [email protected] I am Italian and I want to go home I am Greek and I want to go home TERMS UNESCO United Nations Educational, Scientific and Cultural Organization Art/Artifact Repatriation The return of art or objects of cultural significance to their country of origin or original owners. Restitution The restoration of property or rights previously taken away. Stolen Documented as once in a known collection from which they were abstracted by theft (Renfrew, 2000) Illicit Clandestinely excavated and illegally exported antiquities (Renfrew, 2000)

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Page 1: Art and Artifact Repatriation · 2015-10-27 · Art and Artifact Repatriation Rachel Heiss California State University, Stanislaus University Honors Program INTRODUCTION I am looking

Art and Artifact RepatriationRachel HeissCalifornia State University, StanislausUniversity Honors Program

INTRODUCTION

I am looking at art and artifact repatriation

because I want to find out the current status of

the ownership/repatriation debate to better

understand the relationship between museums

and source countries so that we can find a

diplomatic solution. I have found that the debate

of ownership and repatriation has turned more in

favor of the source countries in the last three

decades. A major turning point was the 1970

UNESCO convention “on the means of prohibiting

and preventing the illicit import, export, and

transfer or ownership of cultural property.”

BACKGROUND/LITERATURE REVIEW

Illegal/Illicit excavations of ancient sites have

created a large collection of unrecorded artifacts of

historical and cultural value. These items are

looted in order to be sold, first through black

market dealers and then through legitimate

auction houses, ending up in the hands of

museums and private collections all over the

world. There are ethical statements and

expectations, but few actual laws governing the

sale of artifacts, even for those objects lacking a

documented ownership history that are highly

suspect of being looted. Many highly regarded

museums and private collectors were (and are!)

buying objects regardless of their legitimacy. This

lead to countries with rich cultural history and a

high amount of looting to demand repatriation

and restitution of items that are suspected of

being stolen.

QUESTION/RATIONALE

Can a world or encyclopedic museum, where

countries and cultures share their artifacts with

other countries and cultures in a scholarly

exchange, solve the dispute? In this way, more

people will be able to experience the rich culture

and heritage that belongs to the entire human

race in a way that we can ensure its preservation

and availability for future generations. It is

important that we find a diplomatic solution, so

that the flow of objects, ideas, history and culture

between museums and countries can continue.

METHODS/RESEARCH DESIGN

I am working on finding a diplomatic solution

between museums and source countries. I plan to

compare and contrast the acquisition and

repatriation policies of both major and minor

museums, along with private collections. At this

point in my research, I have seen that many

museums have changed their policies very much in

the last 20 years. One thing that seemed to set off

the changes was an exposure of the connection

between curators at prominent museums and black

market dealers in illicit antiquities. The scandals,

which revealed detailed activities from prominent

museums’ histories, such as the Getty, the MET and

the Boston MFA, were tinder that helped to start a

fire of new resolutions and policies in museums,

other institutions, and countries all over the world.

SIGNIFICANCE

This topic is significant because the material

remains of the past are important in the present. It

will gauge the current standing of the debate, the

main arguments from each side, the intended

solutions that have already been put in place, and

what more can be done to find common ground.

My main inquiries will be into the guidelines set by

the UNESCO conventions, the acquisition and

repatriation policies of museums, the cultural

property ownership laws of countries, often referred

to as source countries, from which artifacts have

been taken and what more can be done in all areas

that has not yet been done or what can be further

expanded upon that has already been shown to be a

successful tactic.

BIBLIOGRAPHYCuno, James (2009). Whose culture? The promise of museums and the debate over antiquities.

Princeton, NJ: Princeton University Press.

Felch, J., & Frammolino, R. (2011). Chasing Aphrodite: The hunt for looted antiquities in the world's richest museum. New York, New York: Houghton Mifflin Harcourt.

Goldsleger, E. W. (2005). Contemplating contradiction: A comparison of art restitution policies. Journal Of Arts Management, Law & Society, 35(2), 109-120.

MacDougall, B. (2009). The market overt method to obtain ownership of lost or stolen goods: Comment on Manning v. Algard Estate, [2008] BCSC 1129. International Journal Of

Cultural Property, 16(1), 85-93.

Mcguigan, C. (2007). Whose Art Is It?. Newsweek, 149(11), 54-57.

Museum Heads Say: Hands Off Our Stuff. (2003). Art in America, 91(2), 37.

Renfrew, Colin (2000) Loot, legitimacy, and ownership: The ethical crisis in archaeology. London: Duckworth.

Roehrenbeck, C. A. (2010). Repatriation of cultural property: Who owns the past? An introduction to approaches and to selected statutory instruments. International

Journal of Legal Information: The Official Journal of the International Association of Law Libraries, 38(2). Retrieved March 5, 2015, from http://scholarship.law.cornell.edu.ezproxy.lib.csustan.edu:2048/cgi/

viewcontent.cgi?article=1216&context=ijli

http://www.digital-images.net/Gallery/Art/GettyVilla/gettyvilla.html

http

://w

ww

.getty

.edu

/glo

bal/

r/im

ages/

getty

_lo

go_og.p

ng

http

://lo

gok.o

rg/w

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con

ten

t/u

plo

ads/2015/01/M

et-lo

go.p

ng

http

://w

ww

.mfa

.org

/site

s/all/

them

es

/gu

ide/im

ages/lo

go.m

fa_fa

cebook-th

um

b.p

ng

Contact Info:

Rachel Heiss

[email protected]

I am Italian

and I want to go home

I am Greek

and I want to go home

TERMS

UNESCOUnited Nations Educational, Scientific and Cultural Organization

Art/Artifact RepatriationThe return of art or objects of cultural significance to their country of origin or original owners.

RestitutionThe restoration of property or rights previously taken away.

StolenDocumented as once in a known collection from which they were abstracted by theft (Renfrew, 2000)

IllicitClandestinely excavated and illegally exported antiquities (Renfrew, 2000)

Page 2: Art and Artifact Repatriation · 2015-10-27 · Art and Artifact Repatriation Rachel Heiss California State University, Stanislaus University Honors Program INTRODUCTION I am looking

Art and Artifact RepatriationRachel HeissCalifornia State University, StanislausUniversity Honors Program

INTRODUCTION

I am looking at art and artifact repatriation

because I want to find out the current status of

the ownership/repatriation debate to better

understand the relationship between museums

and source countries so that we can find a

diplomatic solution. I have found that the debate

of ownership and repatriation has turned more in

favor of the source countries in the last three

decades. A major turning point was the 1970

UNESCO convention “on the means of prohibiting

and preventing the illicit import, export, and

transfer or ownership of cultural property”.

BACKGROUND/LITERATURE REVIEW

Illegal/Illicit excavations of ancient sites has

created a large collection of unrecorded artifacts of

historical and cultural value. These items are

looted in order to be sold, first through black

market dealers and then through legitimate

auction houses, ending up in the hands of

museums and private collections all over the

world. There are ethical statements and

expectations, but few actual laws governing the

sale of artifacts, even for those objects lacking a

documented ownership history that are highly

suspect of being looted. Many highly regarded

museums and private collectors were (and are!)

buying objects regardless of their legitimacy. This

lead to countries with rich cultural history and a

high amount of looting to demand repatriation

and restitution of items that are suspected of

being stolen.

QUESTION/RATIONALE

Can a world or encyclopedic museum, where

countries and cultures share their artifacts with

other countries and cultures in a scholarly

exchange, solve the dispute? In this way, more

people will be able to experience the rich culture

and heritage that belongs to the entire human

race in a way that we can ensure its preservation

and availability for future generations. It is

important that we find a diplomatic solution, so

that the flow of objects, ideas, history and culture

between museums and countries can continue.

BIBLIOGRAPHYCuno, James (2009). Whose culture? The promise of museums and the debate over antiquities.

Princeton, NJ: Princeton University Press.

Felch, J., & Frammolino, R. (2011). Chasing Aphrodite: The hunt for looted antiquities in the world's richest museum. New York, New York: Houghton Mifflin Harcourt.

Goldsleger, E. W. (2005). Contemplating contradiction: A comparison of art restitution policies. Journal Of Arts Management, Law & Society, 35(2), 109-120.

MacDougall, B. (2009). The market overt method to obtain ownership of lost or stolen goods: Comment on Manning v. Algard Estate, [2008] BCSC 1129. International Journal Of

Cultural Property, 16(1), 85-93.

Mcguigan, C. (2007). Whose Art Is It?. Newsweek, 149(11), 54-57.

Museum Heads Say: Hands Off Our Stuff. (2003). Art in America, 91(2), 37.

Renfrew, Colin (2000) Loot, legitimacy, and ownership: The ethical crisis in archaeology. London: Duckworth.

Roehrenbeck, C. A. (2010). Repatriation of cultural property: Who owns the past? An introduction to approaches and to selected statutory instruments. International

Journal of Legal Information: The Official Journal of the International Association of Law Libraries, 38(2). Retrieved March 5, 2015, from http://scholarship.law.cornell.edu.ezproxy.lib.csustan.edu:2048/cgi/

viewcontent.cgi?article=1216&context=ijli

http://www.digital-images.net/Gallery/Art/GettyVilla/gettyvilla.html

http

://w

ww

.getty

.edu

/glo

bal/

r/im

ages/

getty

_lo

go_og.p

ng

http

://lo

gok.o

rg/w

p-

con

ten

t/u

plo

ads/2015/01/M

et-lo

go.p

ng

http

://w

ww

.mfa

.org

/site

s/all/

them

es

/gu

ide/im

ages/lo

go.m

fa_fa

cebook-th

um

b.p

ng

Contact Info:

Rachel Heiss

[email protected]

I am Italian

And I want to go home

I am Greek

And I want to go home

TERMS

UNESCOUnited Nations Educational, Scientific and Cultural Organization

Art/Artifact RepatriationThe return of art or objects of cultural significance to their country of origin or original owners.

RestitutionThe restoration of property or rights previously taken away.

StolenDocumented as once in a known collection from which they were abstracted by theft (Renfrew, 2000)

IllicitClandestinely excavated and illegally exported antiquities (Renfrew, 2000)

METHODS/RESEARCH DESIGN

I am working on finding a diplomatic solution

between museums and source countries. I plan to

compare and contrast the acquisition and

repatriation policies of both major and minor

museums, along with private collections. At this

point in my research, I have seen that many

museums have changed their policies very much in

the last 20 years. One thing that seemed to set off

the changes was an exposure of the connection

between curators at prominent museums and black

market dealers in illicit antiquities. The scandals,

which revealed detailed activities from prominent

museums’ histories, such as the Getty, the MET and

the Boston MFA, were tinder that helped to start a

fire of new resolutions and policies in museums,

other institutions, and countries all over the world.

SIGNIFICANCE

This topic is significant because the material

remains of the past are important in the present. It

will gauge the current standing of the debate, the

main arguments from each side, the intended

solutions that have already been put in place, and

what more can be done to find common ground.

My main inquiries will be into the guidelines set by

the UNESCO conventions, the acquisition and

repatriation policies of museums, the cultural

property ownership laws of countries, often referred

to as source countries, from which artifacts have

been taken and what more can be done in all areas

that has not yet been done or what can be further

expanded upon that has already been shown to be a

successful tactic.