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.
The argument that artwork will not be protected outside of the Western world is hypocritical as much of the artwork transported out of colonized countries was crudely removed and damaged and sometimes lost in transportation. The Elgin marbles for example, were also damaged during the cleaning and "preservation" process. Moreover the Napried, one of the ships commissioned by di Cesnola to transport approximately 35,000 pieces of antiquities that he had collected from Cyprus, was lost at sea carrying about 5,000 pieces in its cargo.
Art was repatriated for the first time in modern history when Arthur Wellesley, 1st Duke of Wellington overturned art plundered by Napoleon to Italy after his and Marshal Blücher's armies defeated the French at the Battle of Waterloo in 1815. This decision contrasted sharply to a long-held tradition to the effect that "to the victors go the spoils." This is remarkable considering that in the battle of Waterloo alone, the financial and human costs were colossal; the decision to not only refrain from plundering France but to repatriate France's prior seizures from the Netherlands, Italy, Prussia, and Spain, was extraordinary. Moreover, the British paid for the restitution of the papal collection to Rome because the Pope could not finance the shipping himself. When British troops began packing up looted art from the Louvre, there was a public outcry in France. Crowds reportedly tried to prevent the taking of the Horses of Saint Mark and there were throngs of weeping ladies outside the Louvre Museum. Despite the unprecedented nature of this repatriation effort, there are recent estimations that only about 55 percent of what was taken was actually repatriated: the Louvre Director at the time, Vivant Denon, had sent out many important works to other parts of France before the British could take them. Wellington viewed himself as representing all of Europe's nations and he believed that the moral decision would be to restore the art in its apparently proper context. In a letter to Lord Castlereagh he wrote:
The Native American Graves Protection and Repatriation Act (NAGPRA), passed in 1990, provides a process for museums and federal agencies to return certain cultural items such as human remains, funerary objects, sacred objects, etc. to lineal descendants and culturally affiliated Indian tribes and Native Hawaiian organisations. However, the legislation has its limitations and has been successfully contested both domestically and extraterritorially.
In 2004 the US passed the Bill HR1047 for the Emergency Protection for Iraq Cultural Antiquities Act, which allows the President authority to impose emergency import restrictions by Section 204 of the Convention on Cultural Property Implementation Act (CCIPA). In 2003, Britain and Switzerland put into effect statutory prohibitions against illegally exported Iraqi artifacts. In the UK, the Dealing in Cultural Objects Bill was established in 2003 that prohibited the handling of illegal cultural objects.
Archaeologists and scholars criticized the US military for not taking the measures to secure the museum, a repository for a myriad of valuable ancient artifacts from the ancient Mesopotamian civilization. In the several months leading up to the war, scholars, art directors, and collector met with the Pentagon to ensure that the US government would protect Iraq's important archaeological heritage, with the National Museum in Baghdad being at the top of the list of concerns. Between April 8, when the museum was vacated and April 12, when some of the staff returned, an estimated 15,000 items and an additional 5,000 cylinder seals were stolen. Moreover, the National Library was plundered of thousands of cuneiform tablets and the building was set on fire with half a million books inside; fortunately, many of the manuscripts and books were preserved. A US task force was able to retrieve about half of the stolen artifacts by organizing and dispatching an inventory of missing objects and by declaring that there would be no punishment for anyone returning an item. In addition to the vulnerability of art and historical institutions during the Iraq war, Iraq's rich archaeological sites and areas of excavated land (Iraq is presumed to possess vast undiscovered treasures) have fallen victim to widespread looting. Hordes of looters disinterred enormous craters around Iraq's archaeological sites, sometimes using bulldozers. It is estimated that between 10,000 and 15,000 archaeological sites in Iraq have been despoiled.