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14 Wash. U. Jurisprudence Rev. 219 (2021-2022)
Admire the Plunder, but Abhor the Thief: How the Development of International Law Perpetuates Colonial Inequities as Modern Nations Battle for the Repatriation of Looted Art and Artifacts

handle is hein.journals/wujurisre14 and id is 225 raw text is: ADMIRE THE PLUNDER, BUT ABHOR THE THIEF1: HOW THE DEVELOPMENT OF INTERNATIONAL LAW PERPETUATES COLONIAL INEQUITIES AS MODERN NATIONS BATTLE FOR THE REPATRIATION OF LOOTED ART AND ARTIFACTS CAMDEN W. BROWN* 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. 1. Some calm spectator, as he takes his view In silent indignation mix'd with grief, Admires the plunder, but abhors the thief. Lord Byron, The Curse of Minerva; The Complete Works, (Jerome J. McCann ed., Oxford: Clarendon 1811) (poem by Lord Byron describing the looting of the Elgin Marbles). * Editor-in-Chief, Washington University Jurisprudence Review; J.D. Candidate, Washington University School of Law Class of 2022; Co-President of the First-Generation Law Society; Scholar in Law Scholarship Recipient; MLitt in History of Art, University of St. Andrews, Scotland, Class of 2017; B.A. in International Studies, Minor in Business Administration, Baylor University Class of 2015.

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