Impressive in its grasp of historical and political issues, ranging across anthropology, archaeology, and law, Cuno’s book evinces careful thought about the implications of antiquities trafficking across many eras. Yet it also raises complicated questions that will surely provoke further debate within the art community. Most important, the dichotomy between tribal nation-states and cosmopolitan museums cannot be so simple as Cuno pretends. The encyclopedic museum is, after all, a product, even an instrument, of modern national and imperial interests. The Louvre was populated by Napoleon’s rapacious plunder, then used as a political tool to demonstrate France’s dominance in the theater of Europe. And who can walk the halls of the British Museum without thinking of the empire on which the sun never set? A related question that could be posed by nation-states demanding restitution of valuable artifacts is: If encyclopedic museums are truly institutions of “international, indeed universal aspirations,” then why are they located primarily in powerful First World countries? Cuno advocates their extension to nations all over the globe, but the fact is that no such collection will be coming to the Darfur region anytime soon. For the foreseeable future, the encyclopedic museum and policies that promote it will chiefly serve rich Westerners.
In the 19th century, many groups were violently forced from their ancestral homelands onto reservations. This is an important factor to remember when reading the essays and watching the videos in this section because the art changes—sometimes very dramatically—in response to these upheavals. You might read elsewhere that objects created after these transformations are somehow less authentic because of the influence of European or Euro-American materials and subjects on Native art. However, it is crucial that we do not view those artworks as somehow less culturally valuable simply because Native men and women responded to new and sometimes radically changed circumstances.
In the past, the term “primitive” has been used to describe the art of Native tribes and First Nations. This term is deeply problematic—and reveals the distorted lens of colonialism through which these groups have been seen and misunderstood. After contact, Europeans and Euro-Americans often conceived of the Amerindian peoples of North America as noble savages (a primitive, uncivilized, and romanticized “Other”). This legacy has affected the reception and appreciation of Native arts, which is why much of it was initially collected by anthropological (rather than art) museums. Many people viewed Native objects as curiosities or as specimens of “dying” cultures—which in part explains why many objects were stolen or otherwise acquired without approval of Native peoples. Many sacred objects, for example, were removed and put on display for non-Native audiences. While much has changed, this legacy lives on, and it is important to be aware of and overcome the many stereotypes and biases that persist from prior centuries.
One significant step that has been taken to correct some of this colonial legacy has been NAGPRA, or the Native American Graves Protection and Repatriation Act of 1992. This is a U.S. federal law that dictates that “human remains, funerary objects, sacred objects, and objects of cultural patrimony, referred to collectively in the statute as cultural items” be returned to tribes if they can demonstrate “lineal descent or cultural affiliation.” Many museums in the U.S. have been actively trying to repatriate items and human remains. For example, in 2011, a museum returned a wooden box drum, a hide robe, wooden masks, a headdress, a rattle, and a pipe to the Tlingít T’akdeintaan Clan of Hoonah, Alaska. These objects were purchased in 1924 for $500.
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.
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.
A precedent for art repatriation was set in Roman antiquity when Cicero prosecuted Verres, a senate member and illegal appropriator of art. Cicero's speech influenced Enlightenment European thought and had an indirect impact on the modern debate about art repatriation. Cicero's argument uses military episodes of plunder as "case law" and expresses certain standards when it comes to appropriating cultural property of another people. Cicero makes a distinction between public and private uses of art and what is appropriate for each and he also asserts that the primary purpose of art is religious expression and veneration. He also sets standards for the responsibilities of imperial administration abroad to the code of ethics surrounding the collection of art from defeated Greece and Rome in wartime. Later, both Napoleon and Lord Elgin would be likened to Verres in condemnations of their plundering of art.
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:
This is a worrying attitude. It indicates that Spain is willing to use direct rule for its own benefit, even if that means opposing the long-standing policies of the democratically elected government that has just been ousted and jailed under charges of tumultuous sedition. The case of the heritage of Sixena has a long history of legal disputes between the governments of Catalonia and Aragon.
According to Cuno, the logic whereby so-called source nations claim ownership of artifacts extracted from their territories is faulty, for such valuable relics of our human history really belong to a common, global cultural patrimony shared by all the world’s peoples—not only present-day Italians, but also all descendants of the Greeks and Romans the world over, as well as Turks, Chinese, Indians, and Africans. He contrasts the values of nation-states, which advocate strict “retentionist cultural property laws” and manipulate archaeological objects to advance questionable political agendas, with those of “encyclopedic museums,” cosmopolitan institutions like the Met and the British Museum, which seek to draw together diverse artifacts for the education and delectation of a global public.
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.
Conservation issues of Pompeii and Herculaneum Conservation-restoration of Ecce Homo by Elías García Martínez Conservation-restoration of The Gross Clinic by Thomas Eakins Conservation-restoration of Leonardo da Vinci's The Last Supper Conservation-restoration of the Shroud of Turin Conservation-restoration of the Sistine Chapel frescoes Conservation-restoration of the Statue of Liberty Conservation-restoration of the H.L. Hunley Modern and Contemporary Art Research Initiative
According to Italian authorities, however, the vase is stolen property. Two years ago, facing evidence that the object had been looted from an Etruscan archaeological site near Rome, the Metropolitan agreed to return it to Italy. In January of this year, Euphronios’s masterpiece received a hero’s welcome in Rome, where it was proudly displayed on the RAI television network and featured in an exhibition called “Nostoi”—homecoming.
Encyclopedic museums are located in cosmopolitan cities such as London, Paris, Berlin and New York, and if the artworks were to be moved, they would be seen by far fewer people. If the Rosetta Stone were to be moved from The British Museum to The Cairo Museum, the number of people who view it would drop from about 5.5 million visitors to 2.5 million visitors a year.
These treasures await those who make the sometimes difficult journey. About a 90-minute drive west of Catania, Aidone is in the province of Enna, Sicily’s poorest, and is less than 15 miles from Piazza Armerina, whose Roman-era mosaics, part of a Unesco World Heritage site, are among the most visited spots in Sicily. But the island, renowned for political corruption, lacks reliable public transportation. Local roads are sometimes closed.
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.)
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".