Abstract

History is the foundation upon which culture is built, a foundation that is fortified by the preservation of art, artifacts, and structures created by civilizations past. But how does culture fare when the physical manifestations of its history have been stolen, displayed, and legally ensnared by invading nations? Much of the basis for international law has facilitated the questionable, if not wholly illegal, acquisition of art and artifacts from culturally rich nations, or source nations. As most international law was written by dominant Western governments, or market nations, the international law established in the colonial era was exclusively favorable to these regimes. As a result, the systematic removal of cultural art and artifacts from colonized nations went unchecked and unauthorized. The colonial foundations of Western international law have not been challenged, and now act as a serious legal barrier when source nations attempt to regain ownership of property taken during the colonial period. Via the controversial case of the Greek Parthenon Marbles, commonly referred to as the Elgin Marbles, this article will explore the significant legal barriers source nations face when pursuing the repatriation of cultural property. Ultimately, this article illustrates that the development of international cultural property law has resulted in a self-serving legal system that is continuously exploited by Western nations in order to shelter and permit the illegal theft and possession of cultural art and artifacts stolen in a bygone age.

Keywords

international law, colonialism, history, art and artifacts, international cultural property law