ABSTRACT
Art looting is an international, multimillion dollar industry that displaces important cultural artifacts and chips away at a nation's patrimony. Until the past 50 years, very little was done consistently to prevent art looting, but recent changes have brought this issue to the forefront of our global consciousness. As such, it has caused conflict between those who previously obtained cultural artifacts unencumbered by art-looting legislation and those who originally “owned” the artifacts and desire their return. Although the true issue of ownership of antiquities is unclear due to the extreme age of many objects, source nations argue that if it was found in the present-day boundaries of that nation, it belongs to them. Current art-looting cases have favored the source nation, forcing art-buying nations to give up pieces that have passed and continue to pass through its borders. Legal and ethical discussion on the subject of art looting have had mixed results. UNESCO has attempted a cohesive body of legislation to enhance cooperation between nations in order to provide restitution and discourage future art looting, but the tension between source nations and art-buying nations has led to greater conflict. The United States, which will be the focus here, has delayed implementing sweeping policies curtailing art looting due to national laws promoting free trade. Nevertheless, various laws have been used in the United States against art looting, and have had moderate success. A more recent convention held by International Institute for the Unification of Private Law, an international organization fostering international cooperation in commercial law, has attempted to establish firmer baseline legislation between nations so that every country may be able to have a common understanding and method of prevention for art looting. Although imperfect, it is a first step on the way to reconciling a variety of viewpoints toward one common goal, while respecting the perspective and legislation of every nation. It is to be hoped that art looting can become a thing of the past.
