The Parthenon Marbles Dispute: Heritage, Law, Politics (The Art Law Library)

Why are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin's men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges. Acknowledgements 8 Table of Contents 10 List of Figures 12 Introduction: A Matter Still Unresolved 14 The Deepening Chasm 16 A New Turn 18 The Present Structure 20 1. From the Slopes of Mount Pentelikos 23 The Periclean Project 25 The Sculptures Explained 27 The Centrality of the Parthenon 29 The Venetian Bombardment 32 2. A Story with Neither Hero Nor Villain 36 The Turning Tide of Ottoman Support 38 Permission Granted 41 The Removals Begin 44 Events, Context and Tools 47 3. A Firman by Any Other Name 50 The Text of the Kaimacam Letter 52 Later Ottoman Documents 56 Bribery in the Ottoman Empire 59 Ottoman Rule as 'Occupation'? 61 Law and Morality 64 4. Albion's Verdict 67 The Select Committee Gets to Work 68 The Continuing Debate 73 A Museum Gets its Star Attraction 76 5. The History of a Claim 79 Enter Melina 82 Another Select Committee Takes a Look 86 A New Museum for Athens 88 The Legal Case is Presented 91 A Realignment? 95 Charity to the Rescue 97 6. The (un)titled Masterpiece 100 The Title Rules Applied 103 The British Museum Act 1963 104 Morality Considered 108 The Volatility of Title 111 Immunity from Seizure 113 Loan, Bailment, Usufruct 115 7. Wellington and International Law 118 The Nineteenth Century Law of Nations 122 Law of Nations and Marbles 124 International Law Today 125 A Case before the International Court of Justice? 128 The Unity and Integrity of Monuments 131 8. The View from Athens 132 The Ministry of Culture 134 Invasion and Heritage 138 One Final Suggestion 142 9. Inside the British Museum 146 The Enlightenment Strikes Back 151 The Discreet Nationalism of the British 154 10. Resolving the Dispute 158 Understanding the Causes of Conflict 159 Opportunities for Collaboration 162 Mediation 165 A Win-Win 'Solution'? 166 Preparation for Movement 168 Notes 172 Bibliography 202 Index 206