Australian Aboriginal cultural artefacts as well as people have been the objects of study in museums; many were taken in the decades either side of the turn of the 20th century. There has been greater success with returning human remains than cultural objects in recent years, as the question of repatriating objects is less straightforward than bringing home ancestors. Australia has no laws directly governing repatriation, but there is a government programme relating to the return of Aboriginal remains and artefacts, the International Repatriation Program (IRP), administered by the Department of Communications and the Arts. This programme "supports the repatriation of ancestral remains and secret sacred objects to their communities of origin to help promote healing and reconciliation" and assists community representatives work towards repatriation of remains in various ways.
The restoration of monuments was often made in colonial states to make natives feel as if in their current state, they were no longer capable of greatness. Furthermore, sometimes colonial rulers argued that the ancestors of the colonized people did not make the artifacts. Some scholars also argue that European colonialists used monumental archaeology and tourism to appear as the guardian of the colonized, reinforcing unconscious and undetectable ownership. Colonial rulers used peoples, religions, languages, artifacts, and monuments as source for reinforcing European nationalism, which was adopted and easily inherited from the colonial states.
In 1612, the personal library of Sultan Zaydan An-Nasser of Morocco was trusted to French consul Jean Phillipe de Castellane for transportation. After Castellane waited for six days not receiving his pay, he sailed away. A flotilla commanded by Spanish privateer Luis Fajardo de Córdoba captured the ship and took it to Lisbon (then part of the Spanish Empire). In 1614, the Zaydani Library was transmitted to El Escorial. Moroccan diplomats have since asked for the manuscripts to be returned. Some other Arabic manuscripts have been delivered by Spain, but not the Zaydani collection. In 2013, the Spanish Cultural Heritage Institute presented microfilm copies of the manuscripts to Moroccan authorities.
Artifacts from the area have been sent to the Musee Guimet in Paris, from Afghanistan's national museum in Kabul, and will be on display from December 2006 as part of the "Afghanistan, Rediscovered Treasures" exhibition. The artifacts were saved from the looting of the Afghan national museum during the civil war of the 1990s and then the Taliban regime, which destroyed many pieces.
“ The Allies then, having the contents of the museum justly in their power, could not do otherwise than restore them to the countries from which, contrary to the practice of civilized warfare, they had been torn during the disastrous period of the French revolution and the tyranny of Bonaparte. ... Not only, then, would it, in my opinion, be unjust in the Sovereigns to gratify the people of France on this subject, at the expense of their own people, but the sacrifice they would make would be impolitic, as it would deprive them of the opportunity of giving the people of France a great moral lesson. ”
In 1863 US President Abraham Lincoln summoned Francis Lieber, a German-American jurist and political philosopher, to write a legal code to regulate Union soldiers' behavior toward Confederation prisoners, noncombatants, spies and property. The resulting General Orders No.100 or the Lieber Code, legally recognized cultural property as a protected category in war. The Lieber Code had far-reaching results as it became the basis for the Hague Convention of 1907 and 1954 and has led to Standing Rules of Engagement (ROE) for US troops today. A portion of the ROE clauses instruct US troops not to attack "schools, museums, national monuments, and any other historical or cultural sites unless they are being used for a military purpose and pose a threat".
Opposed to the nationalist, proprietary, and even tribal concerns of such regimes, Cuno believes, are the benevolent interests of public museums. They hover above the sectarian conflicts gripping much of the world, drawing human beings together by demonstrating the interrelatedness of all civilizations. Cuno exalts “the museum of international, indeed universal aspirations, and not of nationalist limitations, curious and respectful of the world’s artistic and cultural legacy as common to us all”—the ideal repository, in his view, for artifacts that illuminate this legacy. He advocates a return to the system of partage, whereby foreign-led excavation teams provide archaeological expertise to source countries in return for a share of the finds, to be exhibited in public galleries elsewhere. Further, he urges compromises that would allow museums to display unprovenanced antiquities—particularly those acquired before the stricter trafficking laws of recent decades—reminding his readers of the aesthetic and educational rewards to be reaped by their presence in major collections.
Second, this movement shows an absolute disregard for the right of regional governments, such as the Catalan one, to have views and policies that oppose those of the central government. The Spanish government sees Catalonia not as a nation, but as a property, and therefore it is acceptable, if not imperative, to correct the mismanagements of the local rulers as soon as the opportunity arises.
Nationalist retentionist cultural property laws claiming ownership are founded on constructed boundaries of modern nations with weak connections to the culture, spirit, and race to the ancient peoples who produced those antiquities. Cultural identities are dynamic, inter-related and overlapping so no modern nation-state can claim cultural property as their own or else they are promoting a sectarian view of culture.
The scale of plundering that took place under Napoleon's French Empire was unprecedented in modern history with the only comparable looting expeditions taking place in ancient Roman history. In fact, the French revolutionaries justified the large-scale and systematic looting of Italy in 1796 by viewing themselves as the political successors of Rome, in the same way that ancient Romans saw themselves as the heirs of Greek civilization. They also supported their actions with the opinion that their sophisticated artistic taste would allow them to appreciate the plundered art. Napoleon's soldiers crudely dismantled the art by tearing paintings out of their frames hung in churches and sometimes causing damage during the shipping process. Napoleon's soldiers appropriated private collections and even the papal collection. Of the most famous artworks plundered included the Bronze Horses of Saint Mark in Venice and the Laocoön and His Sons in Rome (both since returned), with the later being considered the most impressive sculpture from antiquity at the time.