Looted Cultural Objects

U. of Pittsburgh Legal Studies Research Paper No. 2024-09

Columbia Law Review Forum, Vol. 124, Forthcoming

21 Pages Posted: 13 May 2024 Last revised: 15 May 2024

See all articles by Elena A. Baylis

Elena A. Baylis

University of Pittsburgh - School of Law

Date Written: May 6, 2024

Abstract

In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. But while the United States does not have a law concerning looted foreign cultural objects, it does have a statute governing the repatriation of Native American cultural items and human remains. The Native American Graves Protection and Repatriation Act requires museums to return designated Native American cultural objects to their communities-even if they were obtained before the law went into effect. This statute offers a valuable model for repatriating foreign cultural objects that were taken from formerly colonized peoples.

Keywords: Cultural property, cultural heritage, Decolonization, NAGPRA, Repatriation, Restitution, Indigenous rights, human rights, international law, restorative justice, reparative justice, transitional justice, social reconciliation, archaeology, art, antiquities

Suggested Citation

Baylis, Elena A., Looted Cultural Objects (May 6, 2024). U. of Pittsburgh Legal Studies Research Paper No. 2024-09, Columbia Law Review Forum, Vol. 124, Forthcoming, Available at SSRN: https://ssrn.com/abstract=4805045 or http://dx.doi.org/10.2139/ssrn.4805045

Elena A. Baylis (Contact Author)

University of Pittsburgh - School of Law ( email )

3900 Forbes Ave.
Pittsburgh, PA 15260
United States

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