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Antiquities trade

(Redirected from Illegal antiquities)

The antiquities trade is the exchange of antiquities and archaeological artifacts from around the world. This trade may be illicit or completely legal. The legal antiquities trade abides by national regulations, allowing for extraction of artifacts for scientific study whilst maintaining archaeological and anthropological context.[1][2][clarification needed] The illicit antiquities trade involves non-scientific extraction that ignores the archaeological and anthropological context from the artifacts.

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The legal trade in antiquities abide by the laws of the countries in which the artifacts originate. These laws establish how the antiquities may be extracted from the ground and the legal process in which artifacts may leave the country. In many countries excavations and exports were prohibited without official licenses already in the 19th century, as for example in the Ottoman Empire. According to the laws of the countries of origin, there can't be a legal trade with archaeological artifact without official papers. However, most national laws still overturn these regulations.

History

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Antiquity (ca. 3000 BC – 500 AD): During antiquity, trade in antiquities and artefacts played an important role in the exchange between different civilizations and cultures. Greek and Roman artworks were traded throughout Europe, North Africa and the Middle East. This trade often took place in the context of diplomatic relations, military conquests and trade routes. Ancient port cities such as Alexandria, Rome and Athens served as important centers for the trade in art and other goods.

Middle Ages (ca. 500 AD – 1500 AD): During the Middle Ages, the trade in antiquities became less important as European society was characterized by political instability, cultural change and economic difficulties. Many ancient works of art were destroyed, lost or reused, and trade in them was less pronounced than in antiquity. Nevertheless, some ancient works of art were treasured as valuable relics of the past and kept by aristocratic collectors and churches.

Renaissance (14th to 17th century): The Renaissance was a time of cultural and intellectual awakening in Europe, during which there was a renewed interest in antiquity. Antiquities were valued and collected by scholars, artists and collectors. The trade in antiquities flourished again and some objects were recovered from ancient Roman villas and ruins and kept in private collections. Renaissance princes and nobles collected ancient sculptures, paintings and coins to demonstrate their status and sophistication.

Baroque period (17th and 18th centuries): Antiquities were also collected and traded during the Baroque period, with Roman sculptures and Greek vases being particularly sought after. Collectors such as kings, nobles and wealthy citizens expanded their art collections and promoted the trade in antiquities. The demand for antiquities led to the discovery and excavation of further ancient sites, particularly in Italy and Greece. The sons and daughters of the European aristocracy, and later also the upper middle classes, visited ancient sites on the Grand Tour (Cavalier Tour or Cavaliers' Journey) and purchased the highest quality ancient works of art possible in the respective countries.

Classicism and Neoclassicism (18th and 19th centuries): In the 18th and 19th centuries, the trade in antiquities reached a peak as Classicism and later Neoclassicism influenced art production and aesthetics. Ancient Greek and Roman art served as a model for contemporary artists and formed the basis for art movements such as Classicism and Neoclassicism. Collectors, museums and public institutions acquired antiquities. In the 18th century, there was a flourishing trade in antiquities, particularly in Rome. Johann Joachim Winckelmann was appointed superintendent of all antiquities (Commissario delle Antichità) in and around Rome in 1763. One of his tasks was to control the antiquities trade.

Over the course of the 19th and 20th centuries, auction houses such as Christie's and Sotheby's established themselves as major players in the antique art trade, with numerous antique objects being offered at auction. Today, the antiquities trade remains an important part of the global art market, and collectors and institutions continue to collect and research antique objects.

Regulation

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Through the 19th and 20th centuries nation states introduced laws restricting excavation, the export, and ownership of Antiquities.

Egypt

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The Antiquities trade was regulated through:[3]

  • 1835 - Mohamed Ali's ordinance restricting the export of Antiquities.
  • 1869 - Law further restricting export of Antiquities.
  • 1874 - Law asserting discovered Antiquities belonged to the state.
  • 1880 - decree declaring all Antiquities the property of the state.
  • 1912 - Egyptian Antiquities Law No. 14 - ownership, or their value, of discovered antiquities would be split equally between the excavator and the Cairo museum.
  • 1924 - Law modified to award the excavator ownership of only the artefacts the Cairo Museum doesn't desire.

Illicit trade

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Illicit or illegal antiquities are those found in illegal or unregulated excavations, and traded covertly.[4] The black market trade of illicit antiquities is supplied by looting and art theft. Artifacts are often those that have been discovered and unearthed at archeological digs and then transported internationally through a middleman to often unsuspecting collectors, museums, antique dealers, and auction houses.[5] The antiquities trade is much more careful in recent years about establishing the provenance of cultural artifacts.[6][7] Some estimates of billions of dollars in annual sales are demonstrably false.[8][9]

The true extent of the trade is unknown as incidents of looting are underreported. It is not unheard of for stolen pieces to be found in auction houses before they have been noticed as missing from their original home.[10]

It is believed by many archaeologists and cultural heritage lawyers that the demand created by circulation, marketing, and collectorship of ancient artifacts causes the continuous looting and destruction of archaeological sites around the world.[11][12] Archaeological artifacts are internationally protected by the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and international trade in cultural property of dubious provenance is restricted by the UNESCO Convention (1970) on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. After years of resistance, the United States played a major role in drafting and promoting the 1970 Convention.

Examples of looting of archaeological sites for the black market:

Response

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The protection of antiquities necessitates the formulation and implementation of comprehensive public policies. These policies address issues such as provenance, looting prevention, and repatriation, ensuring the ethical circulation of historical artifacts. On 16 November 1972, UNESCO adopted the international Convention Concerning the Protection of the World Cultural and Natural Heritage.[13]

The export of antiquities is now heavily controlled by law in almost all countries and by the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property,[14] but a large and increasing trade in illicit antiquities continues. Further complicating matters is the existence of archaeological forgeries, such as the Etruscan terracotta warriors, the Persian Princess,[15] and the Getty kouros.

 
The Euphronios Krater has been returned to Italy by the Metropolitan Museum of Art.

There has been a growing effort to repatriate artifacts illicitly obtained and traded on the international market and return them to their countries of origin and preserve their cultural value. Such artifacts include those held by museums such as the Getty Museum[16] (e.g. Victorious Youth) and the Metropolitan Museum of Art (e.g. Euphronios Krater[17]). In July 2023, a repatriation ceremony was held at the Indian Consulate in New York City to celebrate the handing over of 105 trafficked antiquities to India. The countries had agreed to prevent illegal trafficking of cultural artefacts during Prime Minister Modi's state visit to US. The artifacts span a period from the 2nd to 19th centuries. Around 50 of them have religious significance.[18]

To combat looting, aerial surveillance - the effectiveness of which depends on the capability to perform systematic prospections - is increasingly being used. It is sometimes impractical, due to military activity, political restrictions, the vastness of the area, difficult environments, etc. Space technology could offer a suitable alternative, as in the case of Peru, where an Italian scientific mission directed by Nicola Masini[19] has since 2008 been using very high resolution satellite data to observe and monitor the phenomenon of huaqueros (archaeological looting) in some archaeological areas in southern and northern Peru.[20][21] The U.S. Government Accountability Office issued a report describing some of the United States’ cultural property protection efforts.[22]

The ICIJ "Hidden Treasures" investigation

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In 2022 the International Consortium of Investigative Journalists (ICIJ) began publishing a series of articles about antiquities trafficking as part of the Hidden Treasures project.[23] In a joint investigation with The Indian Express, the ICIJ published a list of more than 1000 cultural heritage objects linked to antiquities trafficker Subhash Kapoor.[24] [25] The ICIJ also ran features on artworks in private collections that had been looted from Cambodia[26] as well as looted artworks that had passed through the Douglas Latchford looting and laundering network.[27] [28]The revelations in these and other investigative reports caused museums and collectors in several countries to reliquish looted art and to hire provenance researchers.[29][30][31][32]

Antiquities Trafficking Unit Investigations

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The Antiquities Trafficking Unit (ATU), led by Matthew Bogdanos in conjuction with the Manhattan D.A. initiated numerous criminal investigations into the antiquities smuggling.[33][34][35] Numerous repatrations of stolen cultural heritage have resulted.[36][37][38] [39]

See also

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References

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  1. ^ "Handbook of national regulations concerning the export of cultural property". unesdoc.unesco.org. Retrieved 2020-02-25.
  2. ^ "FAQ – International Association of Dealers in Ancient Art". iadaa.org. Retrieved 2020-02-25.
  3. ^ Elkasef, Doaa (2022). "The Foreign Interference in Governing the Archeological Work in Egypt" (PDF). International Journal of Tourism, Archaeology, and Hospitality. 2 (2): 63. doi:10.21608/ijtah.2022.167918.1008. ISSN 2812-6041.
  4. ^ Illicit Antiquities, Trafficking Culture Encyclopedia.
  5. ^ Amineddoleh, Leila (2013-10-01). "The Role of Museums in the Trade of Black Market Cultural Heritage Property". Rochester, NY. SSRN 2370699. {{cite journal}}: Cite journal requires |journal= (help)
  6. ^ Archaeological Institute of America
  7. ^ BBC
  8. ^ Yates, Donna; Brodie, Neil (2023). "The illicit trade in antiquities is not the world's third-largest illicit trade: a critical evaluation of a factoid". Antiquity. 97 (394): 991–1003. doi:10.15184/aqy.2023.90. ISSN 0003-598X.
  9. ^ "CINOA - FIGHTING BOGUS INFORMATION ABOUT THE ART MARKET – 2021". www.cinoa.org. Retrieved 2023-05-24.
  10. ^ Davis, Tess (September 2011). "Supply and demand: exposing the illicit trade in Cambodian antiquities through a study of Sotheby's auction house". Crime, Law and Social Change. 56 (2): 155–174. doi:10.1007/s10611-011-9321-6. S2CID 155025884. ProQuest 2695712043.
  11. ^ "Islamic State Antiquities Trade Stretches To Europe, United States". International Business Times. 2014-11-17. Retrieved 2017-12-28.
  12. ^ See Brodie, Neil; Renfrew, Colin (2005). "Looting and the world's archaeological heritage: the inadequate response". Annual Review of Anthropology. 34: 343–61. doi:10.1146/annurev.anthro.34.081804.120551.
  13. ^ "Convention Concerning the Protection of the World Cultural and Natural Heritage". UNESCO. 31 May 2023.
  14. ^ "Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property". Unesco.org. Retrieved 22 November 2014.
  15. ^ Brodie, Neil. "Persian Mummy". Retrieved 21 August 2012.
  16. ^ See e.g. J Paul Getty Museum Returns to Italy 1999, J Paul Getty Museum Returns to Italy (2005), and J. Paul Getty Museum Returns to Italy (2007), Trafficking Culture Encyclopedia.
  17. ^ Brodie, Neil. "Euphronios (Sarpedon) Krater". Retrieved 21 August 2012.
  18. ^ "U.S. hands over 105 antiquities to India". The Hindu Bureau. The Hindu. 17 July 2023. Retrieved 18 July 2023.
  19. ^ Cabitza, Mattia (2011-12-15). "Protecting Peru's ancient past". BBC News. Retrieved 2017-12-28.
  20. ^ Lasaponara R., Masini N. R. 2010, Facing the archaeological looting in Peru by local spatial autocorrelation statistics of Very high resolution satellite imagery, Proceedings of ICSSA, The 2010 International Conference on Computational Science and its Application (Fukuoka-Japan, March 23 – 26, 2010), Springer, Berlin, pp. 261-269;
  21. ^ Lasaponara, R.; Leucci, G.; Masini, N.; Persico, R. (2014). "Investigating archaeological looting using satellite images and georadar: the experience in Lambayeque in North Peru". Journal of Archaeological Science. 42: 216–230. Bibcode:2014JArSc..42..216L. doi:10.1016/j.jas.2013.10.032.
  22. ^ "Cultural Property: Protection of Iraqi and Syrian Antiquities". 20 July 2017.
  23. ^ "Hidden Treasures - ICIJ". 2022-08-15. Retrieved 2024-11-09. Hidden Treasures. A collection of stories from ICIJ's Pandora Papers, FinCEN Files, Panama Papers and more show how art and antiquities have become prized assets in the offshore world, and how the secretive trade in these cultural treasures has, in some cases, provided cover for looters and thieves.
  24. ^ "More than 1000 artifacts in Metropolitan Museum of Art catalog linked to alleged looting and trafficking figures - ICIJ". 2023-03-20. Retrieved 2024-11-09.
  25. ^ Holland, Oscar (2022-10-20). "Artifacts seized from US art dealer among 307 treasures returned to India". CNN. Retrieved 2024-11-09.
  26. ^ "Magazine spread of 'most beautiful house in America' conceals allegedly stolen Cambodian relics - ICIJ". 2022-08-15. Retrieved 2024-11-09.
  27. ^ "Cambodia celebrates return of dozens of Khmer treasures from the Met and other collections - ICIJ". 2024-08-27. Retrieved 2024-11-09. The spate of repatriations followed extensive efforts to trace and recover looted ancient artifacts, including some identified by ICIJ and linked to disgraced art dealer Douglas Latchford.
  28. ^ "Met to return 16 Khmer relics linked to notorious artifact dealer - ICIJ". 2023-12-15. Retrieved 2024-11-09.
  29. ^ "Impact Archives - ICIJ". Retrieved 2024-11-09.
  30. ^ "Dark art: Tracing Cambodia's 'looted' Treasures — Finance Uncovered". financeuncovered.org. Retrieved 2024-11-09.
  31. ^ Arredondo, Vanessa. "Family of late billionaire agrees to return 33 stolen artifacts to Cambodia". USA TODAY. Retrieved 2024-11-09.
  32. ^ "The Met Museum Hires Its First Head of Provenance Research". The New York Times.
  33. ^ "Meet the man causing cracks in the antiquities trade". The Economist. ISSN 0013-0613. Retrieved 2024-11-09.
  34. ^ "Art ring charged with smuggling $143 million in antiquities". AP News. 2019-07-10. Retrieved 2024-11-09.
  35. ^ Sabar, Ariel (2021-11-23). "The Tomb Raiders of the Upper East Side". The Atlantic. ISSN 2151-9463. Retrieved 2024-11-09.
  36. ^ "Matthew Bogdanos '83: Righting Ancient Wrongs". www.law.columbia.edu. Retrieved 2024-11-09.
  37. ^ "US authorities return antiquities linked with notorious smuggling ring to Egypt". The Art Newspaper - International art news and events. 2024-05-03. Retrieved 2024-11-09.
  38. ^ "US returns 29 antiquities to Greece | eKathimerini.com". www.ekathimerini.com. 2023-03-22. Retrieved 2024-11-09.
  39. ^ Helmore, Edward (2022-05-30). "The New York DA's office fighting to stop trade of looted antiquities". The Guardian. ISSN 0261-3077. Retrieved 2024-11-09.

Further reading

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  • Brodie, Neil, ed. 2006. Archaeology, Cultural Heritage, and the Antiquities Trade. Gainesville: Univ. Press of Florida.
  • Diaz-Andreu, Margarita. 2007. A World History of Nineteenth-Century Archaeology: Nationalism, Colonialism, and the Past. New York: Oxford Univ. Press.
  • Finley, Moses I. 1973. The Ancient Economy. Berkeley.
  • Häußler, Harriet. 2022. Die Schöpfer des Kunstmarkts: Von den Anfängen in der Antike bis zur Digitalisierung in der Gegenwart. Bielefeld.
  • Hansen, Valerie. 2015. The Silk Road – A New History. Oxford.
  • La Follette, Laetitia, ed. 2013. Negotiating culture: Heritage, Ownership, and Intellectual Property. Boston: Univ. of Massachusetts Press.
  • Kila, Joris D., and James A. Zeidler, eds. 2013. Cultural Heritage in the Crosshairs: Protecting Cultural Property during Conflict. Boston: E. J. Brill.
  • Mackenzie, Simon, and Penny Green, eds. 2009. Criminology and Archaeology: Studies in Looted Antiquities. Portland, OR: Hart.
  • Metcalf, William E. (ed.):. 2012. The Oxford Handbook of Greek and Roman Coinage. Oxford.
  • Merryman, John H. 2009. Thinking about the Elgin Marbles: Critical Essays on Cultural Property, Art and Law. Alphen aan den Rijn, The Netherlands: Kluwer Law International.
  • Miles, Margaret M. 2010. Art as Plunder: The Ancient Origins of Debate about Cultural Property. Cambridge, UK: Cambridge Univ. Press.
  • Renfrew, Colin. 2009. Loot, Legitimacy, and Ownership: The Ethical Crisis in Archaeology. London: Duckworth.
  • Soderland, Hilary A. and Ian A. Lilley. 2015. "The Fusion of Law and Ethics in Cultural Heritage Management: The 21st Century Confronts Archaeology." Journal of Field Archaeology 40: 508-522.
  • Temin, Peter. 2017. The Roman Market Economy. Princeton, NJ and Oxford.
  • Vrdoljak, Ana Filipa. 2006. International Law, Museums and the Return of Cultural Objects. Cambridge, UK: Cambridge Univ. Press.
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