The published history of a set of silver and gold objects acquired by the J. Paul Getty Museum in 1975 contains an unusual reference to a gold coin, supposedly found with the set but not purchased by the museum. The coin, which is both rare and well dated, ostensibly offers a date and location for the ancient deposition of the silver service. Almost five years of research into the stories of the Getty objects and the coin has revealed important information about these particular items, but it also offers a cautionary example for scholars who might hope to reconstruct the find-spot of antiquities that are likely to have been looted.

Shockwaves echoed through the media and the arts community when the Delaware Art Museum chose to deaccession pieces from its collection and when the public learned that the Detroit Institute of Arts might be forced to do the same. Further concern arose when financial troubles compelled the Corcoran Gallery of Art to merge with the National Gallery of Art and George Washington University. An examination of the climate and legal battles surrounding these events shows how these institutions chose to cope with the financial adversity that put their collections at risk and illustrates the precarious position of works in a museum’s collection when that museum experiences financial distress. This article explores the ethical, judicial, and legislative frameworks currently governing deaccessioning and ultimately advocates for new legislative solutions to guide the deaccession process in order to provide the opportunity to maintain these works in the public sphere.

This article presents the preliminary findings of a scoping study that Geneva Call is conducting to understand the existing dynamics between armed non-state actors (ANSAs) and cultural heritage. Geneva Call is a Swiss-based non-governmental organization dedicated to promoting the respect of international humanitarian law by ANSAs. The study centres on three case studies—Syria, Iraq, and Mali—on which information has been obtained through desk and field research, interviews with ANSAs operating in those countries, and with leading organizations committed to the protection of cultural heritage, globally or regionally. The article first maps the various attitudes of ANSAs toward cultural heritage, highlighting both positive and negative examples from current practices. Then it analyzes the response of specialized organizations to the impact of ANSAs on cultural heritage and their level of engagement with these actors on cultural heritage issues. Finally, the conclusion offers some tentative recommendations to enhance the respect of cultural heritage by ANSAs in non-international armed conflicts.

Because of their status of res nullius—owned by no one—property theory is underdeveloped in regard to wildlife. In this article, wildlife is seen to be sometimes subject to a shadow ownership by class interests in society. Hunters accuse protected wolves of being the “pets” or “property” of an urban-based conservationist middle class. This phenomenon fragments the common fauna and undermines responsibility taking and policy compliance for wildlife that is seen as being owned by an oppositional social class. Using an empirical case study of Swedish hunters, we show how responsibility for wildlife has become entangled with property rights. A historical materialist analysis reveals that hunters once experienced ownership of wildlife by the nobility as co-opting state coercive power. Today, however, aristocracy is replaced by a new elite class of conservationists. Noting the hunters’ tendency to evoke quasi-aristocratic virtues of ownership, we advance recommendations for an alternative approach. We appeal to deliberative democracy to promote the “communing” of wildlife across classes in fora that withstand co-optation by class interests.

The focus of this article is upon objects in museum collections where legal title is uncertain (“orphans”), where the owner is unknown (deposited objects), or where the owner cannot be found (uncollected loans). Museums may have little choice but to continue to care for these objects even where they are unsuitable to be retained within the permanent collections. It is argued that the current law in the United Kingdom prevents museums from managing their collections properly and rationalizing them where necessary. New legislation has been proposed that would assist Scottish museums. It is argued that all museums in the United Kingdom need new legislation that would enable them to manage their collections more effectively and to approach the review of collections and the disposal of unsuitable objects in a proper and balanced manner, acting for the benefit of the public.

In many temples in and around Kyoto, sets of wall and slide door paintings and folding screen paintings, which are designated either national treasures or important cultural properties of Japan, have been replaced in situ by high-quality digital reproductions. The original paintings, in turn, are now largely out of sight, placed in storage spaces within temples and museums. Vanguard projects of this nature were conducted in the mid-1990s. Since the mid-2000s, however, and without adequate review of the merits and demerits of such replacement, the practice has accelerated, and numerous sets of slide door paintings have been replaced by reproductions produced for the most part by two competing corporations. The process and implication of such digital replacement require far greater attention and discussion than has to date taken place. Accordingly, this article seeks to clarify the current status of, and problems arising from, the digitization projects taking place in and around Kyoto.

Cultural property is related to the evolution of a nation’s identity. It forms a vital link to the past, wherefrom the present and future may be nurtured and enriched. However, objects related to cultural heritage have been the target of looting and pilfering, resulting in loss to the country concerned. The situation is worsened where these objects have been removed during an era where there were no laws and regulations to control such removal. This article focuses on the loss of cultural property with reference to two specific modes of loss of particular concern to Sri Lanka—the removal of cultural property during the colonial era and the loss of cultural property during the more recent ethnic conflict. Through an analysis of the relevant laws and regulations, this article evaluates Sri Lanka’s rights to its cultural property and its efforts to regain, and preserve, its cultural heritage.

Pre-Columbian antiquities, particularly those from the Maya region, are highly sought after on the international art market. Large auction houses such as Sotheby’s have dedicated pre-Columbian departments and annual auctions, for which sales catalogues are created. These catalogues offer insight into market trends and allow the volume of antiquities being bought and sold to be monitored. The following study records the public sale of Maya antiquities at Sotheby’s over a period slightly exceeding 50 years from 1963 to 2016. More than 3,500 artifacts were offered for sale during this period, of which more than 80 percent did not have associated provenance information. The data suggests that the volume of Maya antiquities offered for sale at Sotheby’s public auctions have been steadily decreasing since the 1980s, but their relative value has increased. Quantitative studies of auction sales such as this one can be useful in monitoring the market for illegal antiquities and forgeries.

Mamilla cemetery was one of the largest and most important Muslim cemeteries in Jerusalem. The plans to build a “Museum of Tolerance” in it led to heated protests and a prolonged legal procedure in Israel’s Supreme Court of Justice. In 2008, the court approved the plans and many hundreds of graves were exhumed. Through the available sources, including the court’s archival files, we discuss political, legal, and archaeological aspects of this case, focusing on ethics about cemeteries and descendant communities. The discussion shows that the Israel Antiquities Authority breached the court orders and that the treatment of the archaeological remains was biased. “Their” graves were destroyed, and the bones reburied in secret, while “our” remains in the same areas were carefully excavated and preserved. Tolerance to “our” heritage at the expense of “theirs” is intolerance.

Urban redevelopment projects increasingly draw on culture as a tool for rejuvenating city spaces but, in doing so, can overemphasize the economic or exchange-value potential of a cultural space to the detriment of what was initially meaningful about a space—that which carries great cultural community wealth, use-value, or embodies a group’s intangible cultural heritage. Development and preservation interests illustrate this tension in terms of how cultural heritage—both tangible and intangible—is managed in the city. This article will turn to Toronto’s “Music City” strategy that is being deployed as part of a culture-focused urban redevelopment trend and Creative City planning initiative in order to examine how the modern urban intangible merits of city spaces are valuated and dealt with in light of the comparatively weak regard accorded to intangibility within the available heritage protection legal frameworks of Canada, Ontario, and, specifically, Toronto. The currently underdeveloped recognition for intangibility in the heritage protection equation not only fails to equally valuate non-dominant, unconventional, or alternative iterations of culture but also falls behind the key guiding documents in international law for the safeguarding and recognition of intangible cultural heritage as well as in accounting for intangibility in determining heritage value. Without diligent inclusive strategies to account for, and consult, the diverse spectrum of groups, cultures, and cultural spaces affected by urban heritage and cultural city planning processes, a city’s development initiatives risk counterproductively destroying the precise characteristics they are otherwise seeking to nourish, create, and, even, commodify.

Since 2014, when the Caribbean Community officially launched its claim against former European colonial powers for reparations for slavery and native genocide, there has been a renewed interest in the question of cultural reparations and, more specifically, Caribbean cultural objects located in European museums. Yet information about such material remains scarce; there have been no formal claims for returns, and the legal status of Caribbean collections in European museums is anything but clear. This article aims to address these issues. First, we sketch the profile of Caribbean archaeological collections located in European museums to shed light on their nature and provenance. On this basis, we then move on to analyzing the legal status of such collections in light of international law, before discussing the broader political and ethical framework of returns and the role of cultural cooperation in reparatory justice for the Caribbean more generally.

This article is concerned with the ways in which discourses of rights serve to destabilize indigenous logics when used for gains in the market. It does so through examining a Rastafarian tour group who uses their participation in the tourism market to challenge what they believe are infringed cultural property rights. As a means of commercially defending these rights, the group employs a discourse of indigeneity. In this process, they have gained partial recognition from the World Intellectual Property Organization and increasing acknowledgement from the Jamaican government. However, while the basis of indigeneity strongly supports the case of intellectual and cultural property rights, this recognition ultimately further identifies the group, and Rastafari in general, with Jamaica.

The looting of antiquities from archaeological sites has received widespread coverage in the media. Concerns about the loss of heritage have resulted in international multilateral and bilateral agreements intended to prevent the illicit trade in looted antiquities. China has suffered from the looting of its archaeological sites for centuries, but the problem has been exacerbated in recent years because of the increased demand for Chinese antiquities and the consequent sharp increase in market prices. China has requested international assistance to combat the illicit trade in its heritage. It is strange therefore that one of China’s special administrative regions—Hong Kong—also one of the world’s major art markets, retains a “legal absurdity,”1 which may protect the buyer of stolen or looted goods from claims for the return of stolen items. This statutory provision may result in the bizarre outcome that goods stolen from a museum or looted from an archaeological site and then purchased from a shop or market in Hong Kong may be protected from claims for their return; this protection may apply even if the loser is the Chinese state.

This article concerns the case of a stolen 1,000-year-old Buddhist mummy, known as the statue of Zhanggong-zushi, which caught the attention of the international community. The statue of Zhanggong-zushi is the embodiment of God in the eyes of the locals, and the treatment of human remains is controversial and sensitive. This case opens a discussion as to how Western courts should consider religious interests in the disputes of stolen cultural property. It is very important for the art world to understand how locals feel about the loss of their culture or religion.

An overview of both the theoretical approach and the set of actions taken during the last decade by Greece – a country with a profound historical background and rich cultural heritage – to face the problem of the illicit trade of cultural goods. The article contains not only statistical data on recent cases of thefts, clandestine excavations, confiscations, and repatriations of cultural goods but also information on law enforcement and the effort to establish a network to fight the phenomenon on an international level. Aspects such as conforming to the international law, monitoring auctions of antiquities, raising people’s awareness, and reinforcing the current security status of museums and archeological sites are taken into consideration as successful methods for protecting the cultural heritage.

According to the Austrian art historian Alois Riegl (1857–1905), cultural heritage possesses age value (Alterswert) based on the perception of an object’s visible traces of age. His 1903 essay “The Modern Cult of Monuments” became a classic, and age value has ever since been constitutive for cultural heritage. Closer scrutiny, however, reveals that clever copies, reconstructions, and imaginative inventions can possess age value too. I therefore suggest “pastness” as a useful term for denoting the perception that a given object is “of the past.” Pastness is not immanent in an object but, rather, results from its appearance (for example, patina), its context (for example, in a museum), or its correspondence with preconceived expectations among the audience. In this article, I review the concept of pastness and discuss its implications for the global heritage sector. Age value emerges as being less universal than Riegl thought and was linked to a very particular intellectual and cultural context.

The rational and efficient recovery of Chinese archaeological objects from market nations is a crucial issue that is confronting the Chinese government. Although the 1970 UNESCO Convention was accepted in China in 1989, the destruction of Chinese archaeological sites through illicit excavations and illegal trade has increased, rather than diminished, in the nearly 30 succeeding years. For a better understanding of the challenges that confront the Chinese government, this article provides a case study approach to analyze the case of gold foils stolen from the Eastern Zhou tombs in the Dapuzishan Mountain Region of Lixian County in Gansu Province in the People’s Republic of China. The author identifies prominent issues that exist in relation to repatriation claims and offers some practical advice on the recovery of Chinese archaeological objects, which may assist the Chinese government in its decision making.

The recent reform of the Unified National Civil and Commercial Code will bring about significant changes in the Argentine legal system. The aim of this article is to analyze their impact in relation to the area of cultural heritage, especially in regard to the public property status of archaeological and paleontological heritage. Changes adopted—in contrast to those proposed, which referred to the issues related to indigenous communities and the protection of collective rights—are also discussed. The latter is the most innovative aspect of the reform since it involves a change of approach regarding private property and strengthens the regulatory powers of the state over private property, which might be applied to the protection of cultural property.