underwater cultural heritage – Illicit Cultural Property

Italian Senate renews call for return of the ‘Bronze Statue of a Victorious Youth’

L’Atleta di Fano/Bronze Statue of a Victorious youth, at the Getty Villa

The Italian Senate’s Culture Commission has unanimously approved a resolution to renew the call for the return of the ‘Bronze Statue of a Victorious Youth‘ currently in the possession of the Getty Foundation at its Villa in Malibu. The call has also been taken up by the mayor of Fano, Massimo Seri. Seri has been a dogged champion for the return of the Bronze, noting that Italian forfeiture decisions give Italy a right of recovery, and even trying unsuccessfully to make the Bronze a discussion at the Italian meeting of the G20 later this year.

The resolution by the Italian Senate Committee was according the the Art Neewspaper crafted by Senator Margherita Corrado. The resolution will involve streamlining the efforts to seek the return of contested objects of cultural heritage:

[T]o assign a smaller pool of district magistrates to restitution cases “to allow for greater specialisation”, favour the training of magistrates in cultural heritage law, and encourage universities to teach legal archaeology in relevant courses. Furthermore, the government will collaborate with the Rai public broadcasting service to raise general awareness among citizens about restitution through programming, the resolution states.

It is not clear how that streamlining will link up with the current framework created by the 1970 UNESCO Convention, the companion 1995 UNIDROIT Convention, or the various bilateral agreements currently in place. Specialized training and courses at University are a welcome step, but Italy already has world class legal experts at its Universities, so I look forward to learning more about what this new initiative will actually look like. And I’m most interested in the impact of an Italian Senate Committee resolution, and if it will unlock funding and substantial change. If so, it could be a most welcome development for the obligations Italy and other Nations have under International Cultural Heritage Law.

The Art Newspaper also reported on what may be a more impactful mechanism, which would be to shut the Getty out of future efforts. In 2020 an internal culture ministry communication absolutely foreclosed the facilitation of the stunning Torlonia marbles collection: “After the refusal of the Getty Museum to recognise the sentence of the Court of Cassation [. . .] the Ministry has limited relations with the American museum to projects that have already been initiated.”

The ancient greek Bronze, likely made between 300-100 BCE was most likely hauled up by Italian fishermen in the 1960s, on a vessel based in the fishing town of Fano on the Adriatic Coast. A full account of the likely journey of the Bronze can be found in the terrific investigative book on lots of the acquisitions by the Getty Foundation, Chasing Aphrodite by Jason Felch and Ralph Frammolino. Italy has persistently asked for its return, and the Forfeiture ruling in Italy’s Court of Cassation gives Italy a domestic right to the return of the marbles.

The only hurdle then would be to have a compatible decision which would be enforced by American Courts. As I wrote in a 2013 Piece for Cardozo’s Arts and Entertainment Law Journal, United States Federal Law has such a mechanism, Italy simply needs to request its application.

James Imam, Italy Strengthens Case for Return of “Victorious Youth” Bronze from Getty Museum in Heritage Feud that Has Lasted Decades, The Art Newspaper, https://www.theartnewspaper.com/news/victorious-youth-getty-italian-senate [https://perma.cc/296Y-D5X7?type=image] (last visited Jul. 21, 2021).

Lisippo: sindaco Fano, risoluzione Senato aiuta ritorno Italia – Marche, Agenzia ANSA, https://www.ansa.it/marche/notizie/2021/07/19/lisippo-sindaco-fano-risoluzione-senato-aiuta-ritorno-italia_4f3315c4-d193-433f-80a4-ad2545c33632.html [https://perma.cc/5R87-RPVH] (last visited Jul. 21, 2021).

Improving Capacity for Underwater Cultural Heritage

A Portuguese ship wrecked off the coast of Oman in 1503 was studied by experts from Oman’s Ministry of Heritage and Culture, Blue Water Recoveries, and archaeology experts from Bournemouth University.

Katherine Recinos and Lucy Blue have authored an article titled “Improving Capacity Development for Threatened Maritime and Marine Cultural Heritage Through the Evaluation of a Parameter Framework” in the Journal of Maritime Archaeology. Here’s the abstract:

Maritime cultural heritage is under increasing threat around the world, facing damage, destruction, and disappearance. Despite attempts to mitigate these threats, maritime cultural heritage is often not addressed to the same extent or with equal resources. One approach that can be applied towards protecting and conserving threatened cultural heritage, and closing this gap, is capacity development. This paper addresses the question of how capacity development can be improved and adapted for the protection of maritime cultural heritage under threat. It asserts that capacity development for maritime cultural heritage can be improved by gaining a more comprehensive and structured understanding of capacity development initiatives through applying a consistent framework for evaluation and analysis. This allows for assessment and reflection on previous or ongoing initiatives, leading to the implementation of more effective initiatives in the future. In order to do this, a model for classifying initiatives by ten parameters is proposed. It is then applied to a number of case studies featuring initiatives in the Middle East and North Africa region. This is followed by a discussion of how conclusions and themes drawn from the examination and evaluation of the case study initiatives can provide a deeper understanding of capacity development efforts, and an analysis of how the parameter model as a framework can aid in improving capacity development for threatened maritime cultural heritage overall.

Katherine Recinos & Lucy Blue, Improving Capacity Development for Threatened Maritime and Marine Cultural Heritage Through the Evaluation of a Parameter Framework, J Mari Arch (2019).

HeritageDaily, BU maritime archaeology team on Oman ‘Vasco da Gama’ shipwreck, HeritageDaily (Mar. 2016), https://www.heritagedaily.com/2016/03/bu-maritime-archaeology-team-on-oman-vasco-da-gama-shipwreck/110116.

Anderson on the looming underwater heritage struggle

The "Philosopher of Anthykera", a 3rd Century BCE bronze head discovered near the Anthykera shipwreck. — The “Philosopher of Anthykera”, a 3rd Century BCE bronze head discovered near the Anthykera shipwreck.

Max Anderson has written an insightful op-ed highlighting the coming tension between commerce and archaeological examination for underwater sites and wrecks:

The technology needed for deep-sea exploration is advancing rapidly. What once seemed like science fiction will soon become a reality, with exploratory probes not only transmitting images but operating retrieval devices equipped to reveal artifacts and move them to the surface. Archaeologists have also begun using DNA analysis on wrecks in the Mediterranean, yielding information ranging from what onboard bowls once contained to the home port of the sunken ship.

Continue reading “Anderson on the looming underwater heritage struggle”

Student Note on Underwater Heritage in the Dominican Republic

A small bell taken by Global Marine Exploration found off the coast of the Dominican Republic

Lydia Barbash-Riley, a student and Editor-in-Chief of the Indiana Journal of Global Legal Studies has an interesting piece examining the impact of globalization on underwater cultural heritage management in the Dominican Republic:

This Note addresses the management of the Underwater Cultural Heritage (UCH) in the Dominican Republic as a case study of the effects of two aspects of globalization on cultural and environmental resource management in the developing world: the international convergence of values and the horizontal delegation of state power to private actors due to economic constraints. This Note posits that even as the global community of states moves toward a consensus on the ethical management of the UCH, this convergence combined with the global trend of horizontal delegation may incentivize some lesser-developed countries to deal with the economic pressures of resource management by permitting treasure hunting. To examine this phenomenon, this Note addresses national and international laws protecting the UCH, including Dominican laws and their actual consistency with the 2001 UNESCO Convention for the Protection of the Underwater Cultural Heritage. It then discusses how management in the Dominican Republic is not always in accord with either the country’s own laws or the 2001 Convention to illustrate both the impacts of globalization on management of the UCH when government resources are scarce, and the resulting need for an extralegal, community-based solution. This Note concludes with a suggestion that the Dominican government, Dominican communities, and international actors consider a variant of Common-Pool Resource Management known as Living Museums in the Sea incorporated into a Multilevel Environmental Governance framework as a potential solution to counteract the economic pressures on governments to allow treasure hunting while providing for long-term preservation of the UCH in this and other developing countries.

Lydia Barbash-Riley, Using a Community-Based Strategy to Address the Impacts of Globalization on Underwater Cultural Heritage Management in the Dominican Republic, 22 Ind. J. of Global Legal Stud. 201 (2015).