The excellent podcast, Stuff You Missed in History Class, (hosted by Tracy V. Wilson and Holly Frey) has a useful overview of the chronology of the taking of the Parthenon Sculptures by Lord Elgin and his agents. It’s a useful overview, and will likely be of particular use for students or newcomers to the long-running dispute. Useful details include Elgin’s bitter divorce, and the reminder that it was never a good thing to draw the ire of Lord Byron.
Ben Quinn’s piece in the Guardian sheds light on an interesting forthcoming conference which hopes to “establish a permanent display” of Benin material in Nigeria. The Benin bronzes are in many museums in the West, and viewing them gives me to very different reactions. On the one hand, they are terrific to look at, with wonderful detail. But on the other, many of these objects were seized by the British Empire during an 1897 Punitive Campaign. That campaign was as bad as it sounds. To give a brief overview, a British official and his advisors were sent to uncover whether there was ritual human sacrifice taking place in the Kingdom of Benin. When the official and his advisors were killed by the King of Benin, the British responded by destroying the city, and looting as many as 900 of the Benin bronzes to compensate for the costs of the exhibition. Many of these objects were purchased by museums.
Nigeria has requested the return of much of this material, but the museums and collectors who currently possess them have often refused to enter into a dialogue. These negotiations for the return of material can be difficult and contentious, but they do not have to be. Here is hoping the meeting, which will take place in the Netherlands’ National Museum of Ethnology in Leiden will lead to a productive dialogue in the same way that Yale’s return of material to Peru or the Native American Graves Protection and Repatriation Act operates.
Quinn’s story highlights the ethical case driving the dialogue, but also some of the challenges:
“I think that among this generation of curators there is an eagerness to find ways towards reconciliation,” said Dr Michael Barrett, senior curator at Stockholm’s Världskulturmuseet. “We are one of the smaller participants in this and it is very early but we are eager to continue with discussions.”
Among the issues still to be resolved are insurance costs and security arrangements. European curators and their west African counterparts are also keen to establish a legal framework that would guarantee the artefacts immunity from seizure in Nigeria.
John Picton, a professor at Soas University of London (formerly the School of Oriental and African Studies) and a former curator of the National Museum in Lagos, said: “The moral case is indisputable. Those antiquities were lifted from Benin City and you can argue that they ought to go back. On the other hand, the rival story is that it is part of world art history and you do not want to take away African antiquity from somewhere like the museums in Paris or London, because that leaves Africa without its proper record of antiquity.”
Tom Mashberg reported last week for the New York Times that this red figure amphora will be sent to Italy because of a connection with Gianfranco Becchina.
The match was made thanks to the work of researcher Christos Tsirogiannis, who linked the object with some of the thousands of photographs he has been given access to by Italian authorities. The object was voluntarily relinquished by the gallery, the Royal-Athena Galleries, which have a showroom in Manhattan.
Manhattan District Attorney Cyrus Vance, Jr., in a press release stated: Continue reading “Greek pot set for return thanks to photo archive”
Next Friday Texas A&M Law school is sponsoring a symposium on looted art, cultural property and repatriation. They’ve announced an impressive lineup of speakers:
- Don Burris, Senior Founding Partner, Burris & Schoenberg, LLP
- Megan Carpenter, Co-Director, Texas A&M Center for Law and Intellectual Law (CLIP)
- Monica Dugot, Senior Vice President, International Director of Restitution, Christie’s
- Simon Frankel, Chair of Intellectual Property, Partner, Covington & Burling LLP
- Deborah Gerhardt, Associate Professor of Law, University of North Carolina
- Jennifer Kreder, Professor of Law, Northern Kentucky University
- Marilyn Phelan, Paul Whitfield Horn Professor of Law Emeritus and former Professor of Museum Science, Texas Tech University
- Lucille Roussin, Board of Directors, The Lawyers’ Committee for Cultural Heritage Preservation, and Director, Holocaust Restitution Claims Externship at Benjamin N. Cardozo School of Law
For the details, visit the event page here.
In a ceremony this week officials from the United States and Italy announced the return of 25 looted objects to Italy. The various press releases from the U.S. and Italian authorities have details on all the returns. But I want to highlight one object which fascinates:this 6th-century BC Kalpis, likely looted from near Vulci, which depicts how Dionysus dispatched some Tyrrhenian pirates. It was acquired by the Toledo Museum of Art in 1982, but was later connected by Italian authorities to Giacomo Medici and Gianfranco Becchina. The vase was sold in 1982 for a mere $90,000. The history of the object given to the Toledo Museum was that it had been in the collection of a Swiss collector named Karl Haug, and had been in his family since 1935—predating Italy’s 1939 national ownership declaration. In June of 2012 Immigrations and Customes Enforcement agents “consctuctively seized” the vase, allowing it to remain in the possession of the Museum. This week’s ceremony marks the formal return of this and other objects with similar stories.
Elisabetta Povoledo reported for the NYT:
Inquiries were begun in the last decade or so in nine Homeland Security field offices, including New York City, Buffalo, Baltimore, Boston, Miami and San Diego, leading to the returns.
Gen. Mariano Mossa, commander of the T.C.P., said at the news conference that the value of the objects was difficult to gauge. But the quality and rarity of many of the artifacts made them irreplaceable, officials said.
Each artifact returned to Italy had its own story.
The three first-century B.C. fresco fragments depicting human figures, for example, were stolen on June 26, 1957, from the Culture Ministry offices at Pompeii. Tracked to a San Diego warehouse, they were taken by agents in September 2012 from the private collection of an unnamed “American magnate” before they could be sold at auction, Italian officials said.
The authorities later identified the frescoes as belonging to the Allen E. Paulson Trust, which forfeited them to the United States government, which then returned them to Italy.
This is very much in keeping with how these ancient works of art are dealt with. It’s almost exclusively an object-centered approach. These objects are returned while officials in both the United States and Italy are able to announce the hard work they are doing, but there are no new prosecutions.
James Cuno, President of the Getty Trust, has authored a short essay revisiting his arguments against repatriation. Those familiar with his arguments will see many of the same kinds of arguments he has made in the past. Mainly he criticizes repatriation as an exercise in nationalism:
Such claims on the national identity of antiquities are at the root of many states’ cultural property laws, which in the last few decades have been used by governments to reclaim objects from museums and other collections abroad. Despite UNESCO’s declaration that “no culture is a hermetically sealed entity,” governments are increasingly making claims of ownership of cultural property on the basis of self-proclaimed and fixed state-based identities. Many use ancient cultural objects to affirm continuity with a glorious and powerful past as a way of burnishing their modern political image — Egypt with the Pharaonic era, Iran with ancient Persia, Italy with the Roman Empire. These arguments amount to protectionist claims on culture. Rather than acknowledge that culture is in a state of constant flux, modern governments present it as standing still, in order to use cultural objects to promote their own states’ national identities.
Though he acknowledges the looting and destruction that has taken place and this was the impetus for a number of returns from his current institution, he’s attempting it seems to hold a firm line against calls for repatriation which pre-date 1970. While he does obliquely criticize looting, he offers no other solution to the problem. How can we prevent site destruction and looting without national legislation and domestic initiatives (which he has called nationalistic)? That question is left largely unanswered. He does make calls for more Universal museums in nations of origin.
He ends with a call for exchange and cooperation:
For encyclopedic museums to fulfill their promise of cultural exchange, they should be established everywhere in the world where they do not now exist. And existing encyclopedic museums should aid in their development. Already, there are laudable examples of how great museums in wealthy countries can foster a more comprehensive kind of cosmopolitanism. The British Museum established a program in 2008 to promote partnerships with institutions in Africa, Asia, and the Middle East. In addition to loaning collections and exhibitions from British museums, it focused on training: in conservation, curating, and archiving. In all, some 29 countries were involved. The program was supported by the British government’s Department for Culture, Media, and Sport. But after three years, the British government cut the program’s funding. The partnerships continue on a smaller scale supported by grant funding, including from the Getty Foundation.
This process of exchange and cooperation should build trust among museums and national authorities. It will be a long, slow process, but if successful, it would lay the foundation for a greater understanding of the values represented by the encyclopedic museum: openness, tolerance, and inquiry about the world, along with the recognition that culture exists independent of nationalism.
Lord Colin Renfrew has offered a comment on the Sevso hoard in the Art Newspaper. He revisits the multi-claimant scramble of a lawsuit which saw three nations attempting to wrest control of the hoard from the investment trust; and we learn perhaps why Hungary only purchased a portion of the silver:
Through his lawyer, Peter Mimpriss of Allen and Overy, Wilson was able to interest the Marquess of Northampton in the silver as a proposition for investment, and by 1987, the Marquess of Northampton 1987 Settlement Trust was the sole owner of what by then was a collection of 14 pieces of impressive Roman silverware. The plan for Sotheby’s to sell the silver by auction in Switzerland in 1990 was halted by the seizure of the treasure on a publicity tour to New York, when Lebanon, and then Hungary and Croatia, laid claim to it in the New York State Supreme Court. The court did not find in favour of either Hungary or Croatia, Lebanon having withdrawn its claim, and the treasure was returned to London to the custody of the Marquess of Northampton.
It is important to note that the judge did not rule that the marquess was the legal owner, simply that neither Hungary nor Croatia had demonstrated good title. Not surprisingly, the Marquess of Northampton was disappointed by the sale fiasco of his investment, and (with a new lawyer) sued Mimpriss and Allen and Overy, winning a settlement—reportedly of £24m—in 2000.
In November 2006, the 14 pieces of silver (and the copper container in which they were found) were placed on display at Bonhams auction house for an invited audience. Then the scene went quiet, until the announcement in late March by Victor Orbán, Hungary’s prime minister, that seven pieces of the treasure had been successfully repatriated (at a cost of €15m) and put on public display.
The vendors, who are €15m better off, did not include the Marquess of Northampton; the silver was instead sold by a trust. Its beneficiaries are the two sons of the late Peter Wilson, who made the initial, ill-fated purchase in 1980. Ludovic de Walden, the current lawyer of the marquess, indicated last week that the marquess is still the owner of the remaining seven pieces.
- Colin Renfrew, Shame still hangs over the Sevso hoard The Art Newspaper (2014), http://www.theartnewspaper.com/articles/Shame-still-hangs-over-the-Sevso-hoard/32545 (last visited Apr 29, 2014).
My article “Transnational forfeiture of the Getty Bronze” examining the Italian efforts to forfeit the Getty Bronze will be appearing in Volume 32 of Cardozo Arts and Entertainment Law Journal (forthcoming, 2014) soon. Later in May the Italian Court of Cassation is expected to perhaps give a final ruling.
In the meantime here is my analysis of how Italy could successfully use its Mutual Legal Assistance Treaty with the United States to secure repatriation.
From the Introduction:
Italy has been engaged in an ongoing fifty-year struggle to recover an ancient Greek bronze. The “Bronze Statue of a Victorious Youth” has a remarkable story. It was lost at sea in the Adriatic in antiquity; found by chance in international waters; smuggled into the Italian seaside village of Fano; hidden first in a bathtub, then a cabbage field; smuggled and hidden in Brazil; later conserved in Germany and London; and ultimately purchased by the Getty Museum only months after the death of the Trust’s namesake, J. Paul Getty. Getty refused to allow his museum to purchase the statue during his lifetime without a thorough and diligent inquiry into the title history of the Bronze, a step the trustees of the Getty did not take prior to acquisition of the Bronze.
The question is not whether the Bronze was illicit when the Getty trustees made the decision to acquire it. It most certainly was, and still is. The question now is whether the Getty will be able to continue to retain possession. In the press and in cultural property circles, the Bronze is considered nearly un-repatriatable given this convoluted history. But an Italian forfeiture action in Pesaro has quietly set in motion a means by which Italy might repatriate the Bronze through a Mutual Legal Assistance Treaty. This transnational forfeiture marks the creation of a useful new tool in the struggle to repatriate looted and stolen cultural objects. And perhaps more importantly, the dispute signals a continuing trend reflecting the importance of domestic law in source nations in cultural heritage law.
Today Italy’s Corte di Cassazione will hear the Getty’s appeal in the dispute over this “Bronze Statue of a Victorious Youth”. The Bronze was acquired by the Getty in 1977, and has been a cornerstone of its collection. But in 2007 a new seizure suit was brought in Pesaro. The most recent ruling ordered the Bronze seized, wherever it is located.
The question then must be, if the High Court in Rome upholds the seizure, will an American court enforce it? I wrote an essay titled “Transnational Forfeiture of the Getty Bronze“, soon to be published in the Cardozo Art & Entertainment Law Journal, examining this question.
My conclusion is that yes, the Mutual Legal Assistance Treaty between the United States and Italy, in conjunction with U.S. law, does provide for U.S. assistance in an American court. The law in question, 28 U.S.C. § 2467, provides a framework for enforcing these foreign orders. But the Office of International Affairs in the State Department still has discretion in determining whether to bring suit to help enforce these foreign orders. The only guidance given in the law is to let the “interest of Justice” guide the decision made by the official. The Getty no doubt will be arguing today in Rome in the hopes that the case ends today before Italy inevitably requests assistance from the State Department.
Transnational Forfeiture of the Getty Bronze, Cardozo Arts & Entertainment Law Journal (forthcoming, 2014).
I’ve been forwarded on details of a promising conference coming up at DePaul’s Center for Art, Museum & Cultural Heritage Law in November. From the announcement:
The conference, Restitution and Repatriation: The Return of Cultural Objects Symposium will be held at DePaul University College of Law in Chicago on Thursday, November 14, 2013. The program will address the underlying legal, ethical and moral reasons and policies behind the return of cultural objects. Panels will discuss provenance research, museum acquisitions, historical appropriations, and the ethical issues that come into play when requests for repatriation are made.
Our Featured Lecturer will be Jack Trope, Executive Director of the Association on American Indian Affairs. Other speakers include: Lori Breslauer, Acting General Counsel of the Field Museum of Natural History; Steve Nash, Chair of the Department of Anthropology and Curator of Archaeology at the Denver Museum of Nature and Science; Rebecca Tsosie, a Willard H. Pedrick Distinguished Research Scholar and Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University; Richard M. Leventhal, the Director of the Penn Cultural Heritage Center; Charles Brian Rose, a James B. Pritchard Professor of Mediterranean Archaeology in the Department of Classical Studies and Curator-in-Charge of the Mediterranean Section of the Penn Museum; Marc-André Renold, Director of the Art-Law Centre at the University of Geneva; Frank Lord, an associate at Herrick Feinstein LLP; Thomas R. Kline, Of Counsel in the Washington, D.C. office of Andrews Kurth LLP; and Simon Frankel, a partner at Covington & Burling LLP, as well as several other leaders in the art, museum, and cultural heritage fields.
Be sure to check out the events page for this and other heritage events coming up, or to alert me about upcoming conferences.