Cultural property repatriation: history, legality, and ethical precedents for museums in the United States

Abstract

Cultural property repatriation has emerged as a controversial topic of international diplomacy. Countries that were subject to archaeological desecration are now reclaiming illicitly exported artifacts from foreign museums. Because museums in the United States operate as private institutions, enforcing uniform legal standards is challenging. This paper theorizes a legislative model that would regulate the acquisition and repatriation policies of federally-funded museums. This proposal is developed through analyzing the efficacy of existing laws designed to regulate the illicit antiquities market, as well as through evaluating the federal government’s response to the repatriation movements for Native American cultural property and Holocaust-era artwork.