Who owns Antiquity?

The Wall Street Journal (James Cuno)

For years, archaeologists have lobbied for national and international laws, treaties, and conventions to prohibit the international movement in antiquities. For many of these years, U.S. art museums that collect antiquities have opposed these attempts. The differences between archaeologists and U.S. art museums on this matter has spilled over into the public realm by way of reports in newspapers and magazines, public and university symposia, and specialist—even sensationalist —books on the topic.

At the center of the dispute is the question of unprovenanced antiquities. In conventional terms, an unprovenanced antiquity is one with modern gaps in its chain of ownership. As it pertains to the United States, since in most cases we are an importer of this kind of material, this means there is no evidence that the antiquity was exported in compliance with the export laws of its presumed country of origin (these are always modern laws, hence the qualifi cation above, modern gaps). Archaeologists argue that unprovenanced antiquities are almost always looted from archaeological sites or from what would become archaeological sites. But strictly speaking, since provenance is a matter of ownership and not archaeological status, and as some countries allow for the ownership of antiquities but not their export, it is possible to illegally export a legally owned, unprovenanced antiquity. (It would have to be either an excavated antiquity that could be legally owned, or a found or looted antiquity owned by someone, if not by its current owner, before the implementation of anti-looting laws.)

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