INDEX

Image

 

 

 

Abdül Mecit II, Caliph, 73

access: encyclopedic museums and, xxxvi–xxxvii, 123–24, 140, 141, 143, 144–45, 155–57, 160–61; Merryman’s triad of regulatory imperatives, 13–15, 154; nation-states and control of archaeological sites, xxxvi–xxxvii, 52–53, 86, 154, 161 (See also retentionist cultural property laws under this heading); partage and increased, xxxv; processual archaeology and, 52; retentionist cultural property laws and limits to, xix, xxxvii, 19–20, 38–39, 94, 117, 126–27, 145–46; UNESCO provisions for, 47; “warehoused” antiquities, 128, 214–15n7

acquiring / collecting nations: regulatory responsibility of, 6–7, 30, 35–36; Turkey as both acquiring and source nation, 82–83

acquisition: “clean hands” approach to, 7–8; criminal liability and, 4–5; ethics of, 7–8, 22–24, 66, 91; looting and, 7, 23, 101; Poly Art Museum and return of antiquities to China, 98–105, 112; private collectors and illegal, 4, 5, 21; as punitive act, xxiv, 99; UNESCO Convention as influence on policies, 30–31. See also acquiring / collecting nations

Acropolis, xi

Alevism, 78, 80

“Alexander Sarcophagus,” 82

al-Husri, Sat’i, 55–56, 57–58, 187n13, 195–96n29

al-Sadr, Moktada, 64, 65–66

Anderson, Benedict, ix, 129, 130, 216n16

Ankara, Turkey, 74–76

antiquities: as common human heritage, xix, 38–39; as “cultural property,” 5–6; as evidence of fluid and hybrid nature of culture, xxviii–xxix, 155–56; national identity as primary value of, 38–39; politicization of, xii–xiii, 5, 9–11, 38–39, 84; state as owner of, 3, 14, 15, 33, 46–47, 57, 85–86, 95–96, 102, 124–25, 153, 205–6n43

Antoniadou, Sophia, 84

Anyang site, xxi–xxii

Appiah, Kwame Anthony, 124–25, 138–39, 217n27

Arabic nations, 10–11. See also specific nations

archaeology: nation-states and regulation of, 52–53, 94, 154; nation-states as context for, 44; partage and, xxxv; as political, 1, 21, 51–55, 67, 86, 154, 186–87n13, 193–94n10, 194n13; processual theory of, 51–52

arms dealing, 103–5

Arthur M. Sackler Museum, Harvard, 90

Art Institute of Chicago, 144; Chen’s affiliation with, xvi–xvii; as encyclopedic museum, xx–xxxii

Art Loss Register, 3–4, 184n5

Association of Art Museum Directors (AAMD), 184–85n7

Atatürk, Mustafa Kemal, 71–76, 78, 80, 82

Ba culture, 98

Baghdad Museum, 53, 148

Bamiyan Buddhas, 148

Barbarossa, Heyreddin Pasha, 69

Barenboim, Daniel, 121

Bator, Paul, 28, 31, 34, 35

Bell, Gertrude, 55–56, 64, 178n5

Bell, Malcolm, 178–79n5

Bellini, Gentile, 68

Benin: ancestral ivory altars of the Obas, Edo, Court of Benin, xxvi–xxviii; bronzes from, xxiv–xxvi

Benjamin, Brent, 183n4

Berlusconi, Silvio, 40

Bezelik caves, China, 114–16, 212n57

Bogdanos, Matthew, 63–64

borders: frontiers as indefinite, 106–8, 112, 119; modern political borders and asserted ownership of antiquities, 32, 41, 75, 81–83, 86–87, 91–92, 117, 125–26; retroactive claims on all antiquities within, 91–92, 117

Bouchard, Pierre François-Xavier, xii

Bound Together: How Traders, Preachers, Adventurers, and Warriors Shaped Globalization (Chanda), vi, 161–62

Britain: export policies of, 128–29

British Museum, xxiv, xxxiv, 14; archaeology in Iraq and, 55; conflicts over holdings, 21; Elgin Marbles as part of collections, x–xii; loans to other museums, 102; Mogao caves and, 89–90; as prototypical encyclopedic museum, xxxv–xxxvi, 139–40

bronzes: Benin plaques, xxiv–xxvi; casting technology, xx–xxi; China and contested ownership of, xvi–xix, xx–xxii; Qing dynasty zodiac heads, 98–101, 104, 112–13, 209n19; Shang dynasty fanding, xx–xxii; Zhou dynasty ding, xxii–xxiv

Bruce, Thomas, 7th Earl of Elgin, ix–x

Buchanan, Patrick J., 173n15

Buddhism: Bezelik cave antiquities and, 114–16; in China, 107, 115, 118; cultural hybridity of Buddhist antiquities, 118; Mogao cave antiquities and, 88–89, 118; Taliban’s destruction of Bamiyan Buddhas, 148; in Uighur history, 107, 114

Bush, George W., 151

Bush, Laura, 150–51

Byron, George Gordon, Lord, x

Calvert, Frank, 205–6n43

Carolini, Luigi, 69

Chambers, Ephraim, 140

Champillon, Jean-François, xiii–xiv

Chanda, Nayan, vi, 161–62

Chao, Lucy, xvi

Charles V, Holy Roman Emperor, 69

Chen Mengjia, xvi–xvii

Chi Hoatian, 103

China: Anyang excavations, xxi–xxii; archaeology as political in, 67; bilateral agreement with Italy, 41; bronzes in Art Institute of Chicago collection, xx–xxiv; claims on all antiquities within current political boundaries, 91–92, 117; cultural diversity and, 118–19; cultural property laws and, xxxiii, 41, 208n11; cultural purity as issue in, 117; domestic trade in antiquities in, 40–41, 93, 95, 97–98, 102, 208n9; epigraphs as declaration of value of antiquities, 103; ethnic minorities in, 18, 41, 92, 98, 105–12, 120; frontiers and borderlands of, 106–8, 112, 119; import/export restrictions imposed by, 5–6, 40–42; import of unprovenanced antiquities by, xviii–xix, 2; international agreements and, 48–49; Islam in, 42, 106, 109–12, 114, 118; national identity of, 106–8, 112, 117, 119; politics of archaeology in, 18–19, 67; purchase of antiquities by, 2, 18–19; relationship with U.S., 41–42, 117; religious activities as illegal in, 110; return of antiquities as priority of, 2, 18–19, 48–49, 98–105, 112; Uighurs in, 105–9; UNESCO Convention and, 25

China Cultural Relics Recovery Fund, 101–2

Circular on Cracking Down on Activities Involving Smuggling and Illegal Excavation for Cultural Relics (China 1987), 95–96

The Clash of Civilizations (Huntington), 137

Clément, Etienne, 25

Coecke van Aelst, Peter, 69

Coggins, Clemency, 27–29, 31

colonialism, 8, 83, 185n9

common heritage: cultural diversity as facet of, 48, 140–41; encyclopedic museums and revelation of, 156–57, 160–61; globalization and, 160–62; humanism and, 142–43; processual theory of archaeology and universality of human experience, 51–52; as value of antiquities, xix, 38–39, 45, 146–47

communications technology, 157–60

Constantinople, xxxi, 55–56, 68–71, 79, 81–83, 202–3n31

The Convention on the International Return of Stolen or Illegally Exported Cultural Objects (UNIDROIT 1995), 48–49

cosmopolitanism: encyclopedic museums and, 124; Ottoman Empire as culturally diverse, 68–71

cultural heritage: as amalgam or synthesis, 67, 86–87; as “intangible,” 47–48; UNESCO Conventions and, 44–47. See also common heritage

cultural identity, 136; as contested, 11–12

cultural patrimony: Appiah on, 138–39; enforcement of patrimony laws, 3–5, 33–34, 37; nationalist retentionist cultural property laws and definition of, 138–39; nation-states and definition of, xxxiv, 33–34

cultural property: antiquities as, 5–6, 14; assertion of political nationalism and, 41; destruction as politically motivated, 84, 87, 91–92, 148; government as authority on, 65, 208n11; as heritage of indigenous people, 50–52; identity and, 47–48; “intangible” cultural heritage as, 47–48; national identity and, 8, 33–34, 38–39, 117, 125; nationalism and, 15; ownership by nation-states, 50–51, 65, 125–26; political agenda and definition of, 82; as political construct, 9–11; as political instrument, 26–27, 86, 192n30; ranking systems for, 97, 128; value to modern nation-states, 26–27. See also cultural patrimony

Cultural Property Advisory Committee (CPAC), 36–38, 41–42, 93, 191–92n29–30

Cultural Property Implementation Act (U.S.), 27, 39, 36, 43

Cultural Relics Law (China 1982), 94–95

Cultural Resource Management, 51

“cultural significance” of antiquities, 41; ranking system for, 97, 128

cultural understanding: encyclopedic museums and opportunity for, xxxvi

culture: Appiah on cultural patrimony / property debate, 138–39; as distinct from national culture, 91–92; as distinct from political national identity, 91; hybridity and fluidity of, xx, 48, 86–87, 107–9, 117–18, 123–24, 136, 138–39, 141–42, 145, 155–56

Culture Matters (Harrison and Huntington), 137

cuneiform tablets, 9, 153

cylinder seals, 9

Cyprus, 26, 79–80, 83–84, 201–2n29

de’Francheschi, Domenico, 69

development: antiquities or archaeological sites threatened by, xxxvii, 44, 96, 204n40; in China, 96, 97–98, 108–9; cultural theories of economic, 137

Diderot, Denis, 124, 140

ding (Zhou dynasty bronze vessel), xxii–xxiv; pictured, xxii

diversity, cultural, xxxvi, 68–71, 140, 144–48; within China, 108, 118–19; encyclopedic museums and, 123–24, 141, 143–44; UNESCO and, 48, 147, 152

due diligence, 3–4, 183n4, 184n7

Dunhuang, China, 88–92, 94, 105, 118

economics: black market, 127–28; China’s antiquities policies linked to, 101–2; commercial value of antiquities, 6–7, 184n7, 208n9; cultural theories of economic development, 137; of looting, xxxiii–xxxiv, 5–7, 28–29, 93, 214–15n7; retentionist cultural property laws motivated by, 42; tourism as motive for preservation of antiquities, 98

Edo: bronzes, xxiv–xxvi; ivory altar tusks, xxvi–xxviii

Egypt: antiquities and national identity of, xiv–xv, 185–86n10, 195–96n29; antiquities as politicized in, 10; Aswan Dam project, 44; claims on Pharoanic antiquities, 183n4, 185–86n10, 195–96n29; cultural property laws and, xxxiii; as disinterested in antiquities, xiv–xv, 10; as Islamic nation or Arabic culture, xv, xxix, 10, 186n12; patrimony laws, 4; political identity and claims on Pharoanic past, 9–12; Rosetta Stone and Egyptian identity, xxxiii

Egyptology, xiii–xiv, xvi, xxxiii

Elgin Marbles (Parthenon Marbles), 153; British acquisition of, ix–x; Greece demands return of, xi–xii

Elizabeth I, Queen of England, 70

encyclopedic museums, xix–xx; access to antiquities provided by, xxxvi–xxxvii, 123–24, 140, 141, 143, 144–45, 156–57, 160–61; British Museum as prototypical, xxxv–xxxvi, 139–40; as celebration of cosmopolitanism, 123–24; common heritage revealed in, 156–57, 160–61; Enlightenment ideals expressed in, 123, 124, 139–40, 218–19n35; fluid and hybrid nature of culture revealed through, 155–56; globalization and, 140, 160–61; national museums contrasted with, xix–xx, 141; partage and collection development, 154; philosophy of, xxxii; as resistance to nationalism, 142–44; as unifying experience, 123; as universal museums, xxxii, 140–41, 218–19n35; values of, xix–xx, xxxii, xxxv–xxxvi, 123–24, 139–44

enforcement: acquiring / collecting nations and responsibility for, 6–7, 30, 35–36; of cultural patrimony laws, 3–5; of international agreements, 27, 43, 49; jurisdiction and, 35, 36, 48; of nationalist retentionist cultural property laws, 31, 34–37, 41–42, 63, 92–93, 110, 190–91n27, 192n30; prosecution for illicit trading in antiquities, 4, 32; prosecution of illicit trade in antiquities, 4; source nations and responsibility for, 6–7; U.S. State Department’s role in, 31, 35–36, 37, 41–42, 63, 92–93, 110, 190–91n27, 192n30

enlightenment ideals, 123, 124, 129, 139–40, 218–19n35

environmental catastrophes, xxxiv, xxxvii

Erbakan, Necmettin, 76

Erdogan, Recep Tayip, 76–77, 80, 202–3n31

ethnic cleansing: destruction of antiquities as erasure of minority cultures, 84, 87; as violent assertion of national identity, 131–32

ethnic identity: Arab identity, 60–61; claims to antiquities and, 178–79n5; national identity privileged over, 131

ethnocentrism, xxiv–xxvi

Euphronios Krater, 31, 167

export: British policies, 128–29; Japanese policies for, 128; legal restrictions on, 1–2, 3, 5–6, 33, 34–35; loan of antiquities and restrictions on, 95–96; UNIDROIT and, 49. See also import / export laws; trade

Eyüp Ensari, tomb of, 202–3n31

fanding (Shang dynasty bronze caldron), xx–xxii; pictured, xx

Fan Jinshi, 90, 91

Faysal, King I, of Iraq and Syria, 55–56, 187n13

Fogg Art Museum, Harvard, 89

fossils, import / export restrictions on, 96–97

Foucault, Michel, 52

Fowler, Don D., 21

fragments: as inherently valuable, 22; Mogao cave murals as, 28, 90; preservation in situ of, 28; as unprovenanced acquisitions, 22–23, 28

Francis I, King of France, 69–70

Friedman, Thomas, 159–60

Geary, Patrick, 141

Gellner, Ernest, 129–31

George, Donny, 64

Ghana: as cosmopolitan and culturally hybrid, 138–39; economic development of, 137

Gingrich, Newt, 151

globalization, 157–60; common heritage and, 160–62; cultural diversity and, xxxvi, 144–45; encyclopedic museums and, 144–45, 160–61

Goethe, Johann Wolfgang von, x

Gökalp, Ziya, 77

Graham, Ian, 32

Greece: cultural property laws and, xxxiii; Cyprus and, 86; ownership of Parthenon (Elgin) marbles and, ix–xii, xxxiii, 153, 178–79n5; political history of, I

Grünwedel, Albert, 115–16

Guatemala, 28, 32

Guelph Treasure, xxix–xxxii, 180n14; pictured, xxx

Guy, Robert, 22

The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), 25–26, 49–50, 197n46

Hamdi Bey, Osman, 81–83, 85

Harrison, Lawrence, 137

Hawass, Zahi, xxxiii, 183n4, 185–86n10

Helms, Jesse, 110–11

He Ping, 102

hieroglyphics, Egyptian, xxxiii; Rosetta Stone and deciphering of, xiii–xiv

Hobsbawm, Eric, 129, 216n16

Hollinshead, Clive, 32

Hughes, Karen, 36–37

humanism, 142

human remains, xxxii, 106; excavations of, xxii; grave goods as antiquities, xxii; reliquaries, Christian, xxviii–xxxii

Humboldt, Alexandre von, xiv

Hume, David, 124

Hussein, Saddam, 53–54, 58–59

hybridity: of culture, xx, 48, 86–87, 107–9, 117–18, 123–24, 136, 138–39, 141–42, 145, 155–56

“hyper markets” in domestic Chinese antiquities trade, 95

identity: antiquities and cultural identity of culture of origin, xxii–xxiii; archaeology as regulation of, 51; choice and personal, 135–36; control of, 51, 87; cultural property linked to, 47–48, 50–52; discrimination and, 137; history and formation of, 112; “intangible” cultural heritage and, 47–48; kinship functions of antiquities, xxi–xxii; as multivalent and fluid, 112, 121–22, 138–39, 157, 217n27, 217–18n29; the Other and oppositional construction of, 132, 134–35, 142; personal, 121–23, 134–35, 217n27; religious identity, 131 (See also specific religions and sects); as transcendent of narrow categories, 157. See also national identity

identity-based violence, 131–32, 134–35, 143

IFAR, 3–4, 184n5

imperialism, 8

import / export laws: acquiring nation and responsibility for enforcement of, 6–7, 35–36; blanket restrictions, 5–6, 92–93, 96; Chinese, 2, 5–6, 92–94, 96–97

import restrictions: adopted by U.S., 31, 40–41; bilateral agreements as ineffective, 39, 41; broad scope of, 92–93; as disincentive to looters, 39; source nations as responsibility, 40–41. See also import / export laws

India, 26, 31, 115

Indonesia, 46–47

In My Father’s House: Africa in the Philosophy of Culture (Appiah), 139

Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in Case of Illicit Appropriation, 152–53

international agreements: enforcement of, 27, 43, 49; The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (1954), 25–26, 49–50, 197n46; jurisdictional issues and, 48; national politics as influence on, 26–27; protection of antiquities as objective of, 50; self interest as motivation for, 27, 151; UNIDROIT and, 48–49. See also UNESCO Conventions

International Council on Monuments and Sites (ICOMOS), 44

International Foundation for Art Research (IFAR), 3–4, 184n5

international trusteeships, 147–48

Iraq: antiquities as politicized in, 10–11; appropriation of items from museums in Kuwait, 53; archaeology in, 10–11, 53–56, 59–62, 65–66, 186–87n13; Kurdish ethnic minority in, 11, 58, 61–62, 204–5n41; looting during wars, 53; museums in, 53, 62, 148; partitioning of, 204–5n41; political history of, 53–55, 58–62, 186–87n13; Saddam and political use of archaeology, 53–54, 59–62; war and threat to antiquities, 177–78n3

Iraq Museum, 62

Islam: in Africa, xxviii; Alevism, 78, 80; ambivalent relationship with antiquity, 10–11, 64, 148, 186n12, 205–6n44; Arab identity and, 61; in China, 42, 106, 109–12, 114, 118; destruction of antiquities by the Taliban, 148; Egyptian national identity and, xv, xxix, 10; Eyüp Ensari as sacred site, 202–3n31; in India, 134; in Iraq, 11, 58, 132, 204n41; pan-Arab nationalism and, 57–58; political separatism and, 42; radical Islamist organizations, 110–11; Shiism, 11, 58, 61–62, 64, 72, 78, 132; Sunnism, 11, 13, 58, 71, 76, 78, 80, 87, 204–5n41; trade networks and, xxviii–xxix; in Turkey, 70–73, 76, 77–78, 80, 83, 200n14, 201n26, 202–3n31

Istanbul Archaeological Museum (Ottoman Imperial Museum), 81

Italy: as ally of U.S., 40; antiquities as cultural patrimony, 38–40; bilateral agreement with China, 41; blanket restrictions on import/export, 5–6, 41, 42; claims on antiquities by, 2, 31, 34–35, 38–40, 125–29, 135–36, 181–83n3; cultural property laws of, 125–29; Euphronios Krater claimed by, 31, 181–82n3; import restrictions imposed by, 33–34, 38–40; loan of antiquities by, 187n17; political history of republic, 129; as source nation, 8

ivory: ancestral altars of the Obas, Edo, Court of Benin, xxvi–xxviii; casket in Art Institute of Chicago, xxviii–xxix, 156; import restrictions on, 40, 93; as trade good, xxviii

Japan: export policies of, 128

Jean de la Forest, 70

Jiaohe, China, 113

KapuImageciImageski, Ryszard, 146–47

Keats, John, x

Kelley, Charles, xvii

Kennedy, Paul, 151

Khocho, 115–16

Khotanese antiquities, 89, 91

Klenze, Leo von, xi

Knapp, Bernard, 84

knowledge: contextual vs. inherent meaning, 9; Enlightenment and quest for, 139–40; Merryman’s triad and, 13, 154; power over the Other and, 142. See also truth

Kouroupas, Maria, 36, 178n30

Kurds: as ethnic minority without nation-state, 48, 78–79, 85; in Iraq, 11, 58, 61–62, 204–5n41; in Turkey, 78–79, 80, 204–5n41

language: identity and, 217n29; nationalism and, 130–31, 216n16, 216–17n18; Rosetta Stone and deciphering of hieroglyphics, xxxiii

Lattimore, Owen, 119

Lebanon, 11, 82, 86

Le Coq, Albert von, 116

legal ownership: of Elgin Marbles, x; ethics and, 8–9; nationalist retentionist cultural property laws, xxxiii; patrimony laws, 4

Le Rond d’Alembert, Jean, 140

Levriero, Vicenzo, 69

Levy, Leon, 214n7

Lewis, Bernard, 10

Lewis, Geoffrey, 218–19n35

Li Peng, 103

Liu Huaqing, 103

Li Xueqin, xvii–xix

loan of antiquities, 102; Chinese export law and, 95–96; Italy and restrictive policies for, 39–40, 187n17

looting: acquisition policies and, 23, 101; antiquities threatened by, xxxvii; China’s acquisition policies as incentive for, 101; China’s import restrictions as response to, 92–93, 96; of Constantinople, xxxi; cultural property laws and increased, xxxiii–xxxiv, 5; destruction of archaeological sites and, 5; domestic markets and, 93; economics or market forces and, xxxiv, 5–7, 6–7, 28–29, 93, 214–15n7; knowledge lost through, 7–8, 28; legislation and prosecution of, 32–33; museum acquisition and, 7; unprovenanced antiquities presumed to be looted, 1–2, 5; of Yuanmingyuan, 98–99, 113, 209n19

Lorich, Melchior, 69, 199n9

Louvre, Paris, xiv, 156–57, 160

Maalouf, Amin, 122, 139

Ma Baoping, 99

MacGregor, Neil, xxxv–xxxvi, 218n35

manuscripts, 68–69, 89

maritime archaeology, 45–46, 192–93n3

McLain, Patty, 32, 34

Mehmet II, Sultan of Ottoman Empire, 68–69, 79, 198–99n8

Mehmet VI, Sultan of Ottoman Empire, 72–73

Merryman, John Henry, 13–15, 34, 154

Mexico, 28, 31, 32

minorities, ethnic or religious: Alevi Muslims, 78, 80; in China, 18, 41, 92, 98, 105–12, 120; hegemonic national culture, 18, 41, 71, 87, 91–92, 98, 105–12, 120; modernity and universality of minority identity, 139; national culture and, 11; national identity privileged over other identities, 131; political separatism and, 18, 78–79; separatism and threat to existing political states, 109–12, 204–5n41; in Turkey, 71, 75, 78–80, 84–86, 201n29

modern or contemporary works, 49, 210n24

Mogao caves, China, 88–91, 114

monstrances, Christian, xxix–xxxii, 155–56, 180n14

multiculturalism. See diversity, cultural

mural paintings, 114–16, 212n57

Murat IV, 70

Museum of Arab Antiquities, 57

museums: CPAC representation and, 36; national museums, xix–xx; partage and, 14. See also encyclopedic museums; specific museums

The Myth of Nations: The Medieval Origins of Europe (Geary), 141

“Nataraja” (Hindu sculpture), 31

national culture: as arbitrary restriction on culture, 161; culture as distinct from, 91–92; as political construct, 92; UNESCO 1970 and, 91–92

national identity: antiquities used to assert or establish, xi–xii, xiv–xv, xxxiii, 8–9, 53–54, 59–61; as arbitrary, ix; beneficial consequences of, 132–33; cultural identity as distinct from, 11–13; cultural property and, 8, 34; cultural purity and, 117; ethnic cleansing as violent assertion of, 131–32; ethnicity as aspect of, 131; hegemonic control of, 87, 91–92; identity-based violence linked to, 131–32, 134–35; language as aspect of, 130–31, 217n29; minority cultures excluded from, 92; national museums and, xix; negative consequences of, 132, 133–34; the Other and oppositional formation of, 132, 134–35; pan-Arab nationalism and, 57–58; as political construct, 80, 92; political nations and claims on cultural property, 11; as privileged source of identity, 123, 131; as reductive, 123, 136–37; of United States, 12, 187n15

nationalism, vi, ix, 19, 124; as construct, 129–30; Enlightenment and concept of, 129; historiography and, 141; humanism and resistance to, 142–43; international cooperation undermined by, 15, 26; nation-states and creation of, 130, 141; print culture and, 216n16; strict control of cultural property linked to, 14; UNESCO and nationalist agendas, 153; violence and, 16, 143. See also national identity

Nationalism in the Twentieth Century (Smith), vi

nationalist retentionist cultural property laws: black market unaffected by, 127–28; control of antiquities as objective of, 49–50, 117; cultural patrimony / property defined by, 138–39; enforcement of, 31, 34–37, 41–42, 63, 92–93, 93–94, 110, 190–91n27, 192n30; export restrictions and, 33; as failed policy, xxxvi–xxxvii, 127–28, 155; flawed premise for, 125, 146; humanism and resistance to, 142–43; as hybrid laws, 33; jurisdictional issues and, 35, 36; looting and, 39, 127; nationalism and political nature of, 117, 125, 129; as political instruments, 13, 36–37, 40, 42–43, 146, 192n30; as politically strategic, 13, 42–43; as “protective” of archaeological sites, 117; as retroactive assertion of national identity, 33, 119, 123–29, 145–46; sense of place and, 125–26; state ownership as principle of, 33

national museums, xix–xx

National Stolen Property Act (U.S.), 3–4, 32, 34

nation-states: appropriation of antiquities to legitimize, 5, 125–27; archaeology as defined by, 44; cultural patrimony as defined by, xxxiv, 33–34; globalization and, 160–61; modern political borders and asserted ownership of antiquities, 32, 41, 60–61, 75, 81–83, 86–87, 91–92, 117, 125–26; national culture as distinct from political, 91; nationalism and creation of, 130; ownership of antiquities, 3, 14, 15, 33, 46–47, 57, 85–86, 95–96, 102, 124–25, 153, 205–6n43; political agenda linked to regulation of archaeology, 52–53; as territorial rather than racial, 73–74; as transitory phenomena, 24–25, 41

Newell, Gregory, 149–50

Nigeria, 124

Nkrumakh, Kwame, 138

Nok sculptures, 124–25

Oliver, Louise V., 151

oracle bones, xvi, xvii, xxi–xxii

Orientalism (Said), 142

the Other: encyclopedic museums as sensitivity to, 144; frontiers and engagement with, 199; identity formed in opposition to, 132–35, 142; knowledge as power over, 142

Ottoman Decree on Antiquities: of 1874, 81; of 1906, 82

Ottoman Empire, 12, 68–71, 198–99n8; Imperial Museum and, 206–7n44; regulation of antiquities by, 81–82

Out of Place (Said), 121

ownership: of accidentally discovered antiquities, 205–6n43; acquisition as punitive act, xxiv, 99; donor’s intent and collection, xxxvi; ethics of, 8–9; landowner’s rights and, 205–6n43; as legal issue, 2, 24–25 (See also nationalist retentionist cultural property laws; patrimony laws); modern political borders and asserted ownership of antiquities, 32, 41, 75, 81–83, 86–87, 91–92, 117, 125–26; museums and, 2–3; nation-state / government as owner of antiquities, 3, 14, 15, 33, 46–47, 57, 85–86, 95–96, 102, 124–25, 153, 205–6n43; Ottoman Decree on Antiquities and, 81–82; partage as alternative model of, xxxiv, 14, 55, 154; as political, 11–12, 24–25; as power and control, 15; private ownership of cultural property, 95, 97, 205–6n43; provenance and evidence of, 1–2; source nations as presumptive owner, 8; stewardship as alternative to, 13–14, 85–86; “stolen” items and claims of, 34

ÖzdoImagean, Mehmet, 67, 83, 84–85

pan-Africanism, 138

pan-Arab nationalism, 57

pan-Turkic movements, 75, 111

partage, xxxiv, xxxv, 14, 55, 154

Parthenon Marbles (Elgin Marbles), ix–x, xi–xii, 153

patrimony laws, 3–5, 33–34, 37

Pelliot, Paul, 89, 90, 94, 116

Pennsylvania Declaration, 29–30

Percy, Charles, 149–50

Perdue, Peter, 107–8

Peru, 155, 192–93n3

politics: antiquities as expression of politics of culture of origin, xxvi; cultural property as political construct, 9–11; nationalist cultural politics, xxxiii

Poly Art Museum, Beijing, xviii–xix, 98–105, 112

Poly Group (China Poly Group Corporation), 88, 99–100, 102–5

postprocessual theory of archaeology, 52

Pre-Columbian antiquities, 9, 28, 31–32

preservation: debate over in situ vs. removal strategies for, 13–14, 28–29, 44, 155; Merryman’s triad of regulatory imperatives, 13, 154–55; risk and, 13–14; tourism as motive for, 98

Preservation of Ancient Objects (China 1930), 94

“Priam’s Treasure,” 86, 205–6n43

private collectors, 5, 24; illegal acquisition and, 4, 5, 21; loans from, 21; retentionist cultural property laws and restrictions on, 33, 81; state authorized or licensed ownership and, 32, 81

processual theory of archaeology, 51–52

Protection of the Heritage of Indigenous People (U.N. Report, 1995), 50–51

provenance: as modern ownership convention, 1–2; repurposing and pre-modern trade as confounding matters, xxiv–xxxiii

Provisional Measures Prohibiting the Exportation (China 1949), 94

purity, cultural, 117, 142

regulation of archaeology, 94, 154; in Iraq, 55, 56; political agenda of nation-states linked to, 52–53

religion: Christian repurposing of Islamic works, xxviii–xxxii; Islam and ambivalence toward pagan antiquity, 10–11

religious identity, 131. See also specific religions

reliquaries, Christian, xxviii–xxix; monstrances, xxix–xxxii

repurposing of artifacts, xxviii–xxix

retentionist cultural property laws. See nationalist retentionist cultural property laws

return of antiquities to source nations, 8, 49–50, 57, 152–53; Poly Art Museum acquisitions policy and, 98–105, 112; UNESCO and, 152–53

risk: preservation and, 13–14

Rosetta Stone, xii–xvi, xxxiii

Rushdie, Salman, 141

Sadat, Anwar, 11

Safiye, Sultan, 70

Said, Edward, 121–22, 142–43

Schliemann, Heinrich, 205–6n43

scholarship: discouraged by publication policies, xv–xvi, 177–78n3; educational use of museum collections, 90–91; Shelby White–Leon Levy Program for Archaeological Publications, 214n7

Schultz, Frederick, 4

Sen, Amartya, 123, 133–35, 136–37

Shaanxi History Museum, China, 208n9 Shang and Zhou Bronzes Stolen by the American Imperialists, xvii

Shang bronzes, xx–xxii

Shan Yihe, 100

Shaw, Wendy, 205–6n44

Shelby White–Leon Levy Program for Archaeological Publications, 214n7

Shiism: in Iraq, 11, 58, 61–62, 64, 132; in Turkey, 72

shipwrecks, 45–47, 192–93n3

Sicily: trade networks and, xxviii Silberman, Neil Asher, 1

Simon, Norton, 31

Sloane, Sir Hans, xxxvi

Smith, Anthony D. S., vi, 132–33

source nations, xix, 8; enforcement of restrictions and, 6–7, 40–41; ownership claims of, 8, 178–79n5; preservation and removal of antiquities from, 13–14; return of antiquities to, 8, 49–50, 57, 152–53; Turkey as both acquiring and source nation, 82–83

South Korea, 137

State Department of U.S., role in enforcement of retentionist cultural property laws, 31, 35–36, 37, 41–42, 63, 92–93, 110, 190–91n27, 192n30

Steele, Caroline, 193–94n10

Stein, Aurel, 88–89, 90, 94, 115–16

Süleyman I, Sultan of Ottoman Empire, 69–70

Summer Palace. See Yuanmingyuan

Sunnism, 11, 13, 58, 71, 76, 78, 80, 87, 204–5n41

terrorism, 40, 79, 109–11, 150–51

Three Gorges Dam, China, 97–98, 108

Tibet and Tibetan cultural influences, 41, 89, 91, 111

tourism, 12, 90, 98, 154

trade: antiquities as evidence of, 45–46; artifacts as intended for and circulated through, 6, 92–93; Benin and, xxiv–xxv; circulation of works and cultural influences, 68–70, 86–87; globalization of culture and, vi; illicit trade in antiquities, xii, xxxiii–xxxiv, 5 (See also looting); political aspects of trade agreements, 69–70; pre-modern circulation of antiquities, 6; pre-modern trade and cultural “ownership” of antiquities, xxiv–xxxiii

travel, cultural contact and, xxviii, 89–90, 114–16. See also trade

triad of regulatory imperatives, Merryman’s, 13–15, 154

Trigger, Bruce, 44

truth: art as revelatory of, 13, 141, 161; encyclopedic museums and, xxxv, 141; location as context for, 13–14; Merryman’s triad of regulatory imperatives, 13, 154; philosophy of encyclopedic museums and, xxxv–xxxvi; political repression of scholarship, xvi–xvii; scholarship discouraged by publication policies, xv–xvi, 177–78n3

Turan and Turanism, 73–74

Turkey: abolition of caliphate, 72–73, 200n16; as both acquiring and source nation, 82–83; claims on all antiquities within boundaries of Ottoman Empire, 75, 81–83, 86; claims on antiquities and modern political border, 86–87; as culturally diverse, 68–71, 86–87; Greek culture and minority presence in, 68, 70, 71, 79–80, 83–84; Islam in, 76, 77–78, 83, 200n14, 201n26, 202–3n31, 205–6n44; Kurdish ethnic minority in, 71, 78–79, 80, 84–87, 204–5n41; national identity and, 73–76, 80, 198n3, 202–3n31, 205–6n44; Ottoman Empire as precursor for, 67–71, 198n3, 202–3n31; political history of, 68, 71–78, 200n16, 202–3n31; politics of archaeology in, 18, 83; Roman cultural influences, 67; as secular, 71–72, 80

Turpan, China, 92, 107, 108, 113–14, 116, 205n43

tusks, ancestral altars of the Obas, Edo, Court of Benin, xxvi–xxviii

Uighurs: antiquities of Uighur origin, 81, 91; as ethnic minority in China, 105–11

UNESCO, 27; funding provisions for, 149; as ineffectual, 147–48; Intergovernmental Committee for Promoting the Return of Cultural Property to its Country of Origin or its Restitution in Case of Illicit Appropriation, 152–53; nationalistic agendas reinforced by, 138, 147–48, 153–54; origins and intentions of, 16, 27, 147; as politicized, 149–50, stated objectives of, 152–53; United States and, 149–51

UNESCO Conventions: —Convention Concerning the Protection of the World Cultural and Natural Heritage, 44–45 —Convention for the Safeguarding of the Intangible Cultural Heritage, 47–48 —Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, xv, 3, 15–16, 24, 148; cultural property as defined in, 15, 26–27, 33–34, 148; cultural property linked to nationalism by, 138, 148; enforcement of, 26–27, 31, 41; as failure, 153; as ignored or unenforced, 43; impact on acquisition policies of museums, xv; Pennsylvania Declaration and, 30–31; signatory nations, 24, 25–26, 27; U.S. and implementation of, 27, 36, 39, 43, 190–91n27 —Convention on the Protection and Promotion of the Diversity of Cultural Expressions, 48 —Convention on the Protection of the Underwater Cultural Heritage, 45–47

UNIDROIT 1995 (The Convention on the International Return of Stolen or Illegally Exported Cultural Objects), 48–49

United Nations, 15–16, 151. See also UNESCO

United States: acceptance of import restrictions by, 41–43; enforcement of foreign patrimony laws by, 3–5, 34; foreign ownership laws, 35–36; legislation to enable international agreements, 27, 31–32; national identity of, 12, 187n15; National Stolen Property Act, 3, 4, 32, 34; Panel on the International Movement of National Art Treasures, 31; State Department’s role in enforcement of retentionist cultural property laws, 31, 35–36, 37, 41–42, 63, 92–93, 110, 190–91n27, 192n30; Treasury’s role in enforcement of retentionist cultural property laws, 35–36, 41–42, 191n27; UNESCO and, 149–51

universal museums, xxxii, 140–41, 218–19n35. See also encyclopedic museums

university museums, 29

unprovenanced antiquities, 1–2; “collecting nations” as responsible for trade restrictions, 6–7; evidence of legal acquisition of, 3–4; lack of evidence of theft, 34–35; looting and, 1–2, 5; meaning and, 9; museums and acquisition of, 3–4; partage and preservation of unprovenanced antiquities, xxxv; Pennsylvania Declaration and, 29–30; Poly Art Museum of China and, xviii–xix; scholarship and publication discouraged with regard to, xv–xvi, 177–78n3; as “stolen,” 4

values of antiquities: Chinese epigraphs as declaration of, 13; as legitimation of nationalism, 54

vase fragments, 22

Waldbaum, Jane C., 214–15n7

Wang Yuanlu, 89, 90

war: looting during, 53, 62–64, 98–99, 113, 148, 209n19; nationalism and violence, 143; as threat to antiquities, x, xxxiv, xxxvii, 13, 25–26, 49–50, 53–54, 65–66, 177–78n3, 197n46, 212n57; as threat to archaeological sites, 63

Warner, Langdon, 88–89, 90, 91

White, Randall, 214n7

White, Shelby, 214n7

Wills, Gary, 178–79n5

Winter, Irene J., 185n9

Woolley, Leonard, 56–57

World Heritage Sites, 44–45

Xia-Shang-Zhou Chronology Project, xvii–xviii

Xie Da Tong, 99

Xuanzang, 114–16, 118

Young, Thomas, xiii–xiv

Yuanmingyuan: looting of, 113, 209n19; Qing dynasty zodiac heads from, 98–101, 104, 112–13, 209n19

Yu Weichao, 100, 102

Ziang Zemin, 103