Some argue that in colonized states, nationalist archaeology was used to resist colonialism and racism under the guise of evolution. While it is true that both colonialist and nationalist discourse use the artifact to form mechanisms to sustain their contending political agendas, there is a danger in viewing them interchangeably since the latter was a reaction and form of resistance to the former. On the other hand, it is important to realize that in the process of emulating the mechanisms of colonial discourse, the nationalist discourse produced new forms of power. In the case of the Egyptian nationalist movement, the new form of power and meaning that surrounded the artifact furthered the Egyptian independence cause but continued to oppress the rural Egyptian population.
The agreement between the Boston museum and Turkey acknowledged that the museum had acquired the object “in good faith and without knowledge of any ownership or title issues,” according to a statement from the museum. (In 1981 the museum had acquired a half-interest in the torso, with the other half owned by the American antiquities collectors Leon Levy and Shelby White.)
Even the naming conventions applied to peoples need to be revisited. In the past, the Navajo term “Anasazi” was used to name the ancestors of modern-day Puebloans. Today, “Ancestral Puebloans” is considered more acceptable. Likewise, “Eskimo” designated peoples in the Arctic region, but this word has fallen out of favor because it homogenizes the First Nations in this area. In general, it is always preferable to use a tribe or Nation’s specific name when possible, and to do so in its own language.
Many twentieth and twenty-first century artists, including Oscar Howe (Yanktonai Sioux), Alex Janvier (Chipewyan [Dene]) and Robert Davidson (Haida), don’t consider themselves to work outside of so-called “traditional arts.” In 1958, Howe even wrote a famous letter commenting on his methods when his work was denounced by Philbrook Indian Art Annual Jurors as not being “authentic” Native art:
When she was first offered the works, depicting Christ Pantocrator and the Virgin Mary with the Christ child surrounded by the archangels Michael and Gabriel, Mrs. de Menil was skeptical about their provenance. She quietly approached the Church of Cyprus, which said the frescoes had been secreted out of the apse and the dome of the church of St. Euphemianos in Lyssi, in a part of Cyprus that had been annexed by Turkey in 1974.
Napoleon continued his art conquests in 1798 when he invaded Egypt in an attempt to safeguard French trade interests and to undermine Britain's access to India via Egypt. His expedition in Egypt is noted for the 167 "savants" he took with him including scientists and other specialists equipped with tools for recording, surveying and documenting ancient and modern Egypt and its natural history. Among other things, the expedition discoveries included the Rosetta Stone and the Valley of the Kings near Thebes. The French military campaign was short-lived and unsuccessful and the majority of the collected artifacts (including the Rosetta Stone) were seized by British troops, ending up in the British Museum. Nonetheless, the information gathered by the French expedition was soon after published in the several volumes of Description de l'Égypte, which included 837 copperplate engravings and over 3,000 drawings. In contrast to the disapproving public reaction to the looting of Italian works of art, the appropriation of Egyptian art saw widespread interest and fascination throughout Europe, inciting a phenomenon which came to be called "Egyptomania".
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.
Some scholars employ the idea that identity is fluid and constructed, especially national identity of modern nation-states, to argue that the post-colonial countries have no real claims to the artifacts plundered from their borders since their cultural connections to the artifacts are indirect and equivocal. This argument asserts that artifacts should be viewed as universal cultural property and should not be divided among artificially created nation-states. Moreover, that encyclopedic museums are a testament to diversity, tolerance and the appreciation of many cultures. Other scholars would argue that this reasoning is a continuation of colonialist discourse attempting to appropriate the ancient art of colonized states and incorporate it into the narrative of Western history.
The Hague Convention of 1907 aimed to forbid pillaging and sought to make wartime plunder the subject of legal proceedings, although in practice the defeated countries did not gain any leverage in their demands for repatriation. The Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict took place in the wake of widespread destruction of cultural heritage in World War II is the first international treaty of a worldwide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict.
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.
In response to the Iraqi National Museum looting, UNESCO Director-General, Kōichirō Matsuura convened a meeting in Paris on April 17, 2003 in order to assess the situation and coordinate international networks in order to recover the cultural heritage of Iraq. On July 8, 2003, Interpol and UNESCO signed an amendment to their 1999 Cooperation Agreement in the effort to recover looted Iraqi artifacts.
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.