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
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.[50] 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.[51] 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.[citation needed]
Mrs. de Menil pledged to buy them — and return them to Cyprus in 20 years. The Menil Collection in Houston paid for the frescoes’ restoration, which took years. It built a bespoke minimalist space for them next to its Rothko Chapel and put them on display there in 1998. The museum had been hoping that Cyprus would extend the agreement and allow them to keep the works on view.
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.[8] 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.[9] 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.[10] 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.[9] 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.[10] 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.[11] Hordes of looters disinterred enormous craters around Iraq's archaeological sites, sometimes using bulldozers.[12] It is estimated that between 10,000 and 15,000 archaeological sites in Iraq have been despoiled.[11]
Archaeological sites Ancient Greek pottery Automobiles Bone, horn, and antler objects Books, manuscripts, documents and ephemera Ceramic objects Clocks Copper-based objects Feathers Film Flags and banners Frescos Fur objects Glass objects Herbaria Historic gardens Human remains Illuminated manuscripts Insect specimens Iron and steel objects Ivory objects Judaica Lacquerware Leather objects Lighthouses Metals Musical instruments Neon objects New media art Outdoor artworks Outdoor bronze objects Outdoor murals Paintings Painting frames Panel paintings Papyrus Parchment Performance art Photographs Photographic plates Plastic objects Pompeian frescoes Shipwreck artifacts Silver objects South Asian household shrines Stained glass Taxidermy Textiles Tibetan thangkas Time-based media art Totem poles Vehicles Vinyl discs Woodblock prints Wooden artifacts Wooden furniture

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.[21] 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.[22] 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.[23]
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.
Some argue that in colonized states, nationalist archaeology was used to resist colonialism and racism under the guise of evolution.[47] 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.[46]
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.[52][53] 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.

Some argue that in colonized states, nationalist archaeology was used to resist colonialism and racism under the guise of evolution.[47] 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.[46]


“I think the Yale case is a good one as a model in some ways because it was resolved diplomatically; it wasn’t resolved through legal decisions,” said Richard Burger, chairman of the Council of Archaeological Studies at Yale and a former curator at the Peabody Museum, who was part of the talks. A committee of Yale scholars and officials from Peru’s Culture Ministry oversee the museum.

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.[44] Furthermore, sometimes colonial rulers argued that the ancestors of the colonized people did not make the artifacts.[44] 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.[44] 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.[44]

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.[55]
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).[32] 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.
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