Legislative Legacies: The Trade in Antiquities in the Levant
Today, a visitor to Jerusalem can visit a licensed dealer and lawfully purchase a piece of the past, courtesy of the legally sanctioned trade in antiquities. Although not all of the available artifacts entered the market legitimately – some are plundered items from archaeological sites in Israel, Jordan and the Palestinian Authority. The current legal market bears the colonial imprint of a 19th century Ottoman Law. Rather than solely reflecting a Turkish interest in cultural heritage, the 1884 law was originally created as a measure to ensure that artifacts remained within the boundaries of the far-flung Ottoman Empire. The legal precedents for the trade are also a legacy of the Mandate period, during which the British Mandate government established both the legal and logistical framework for the current antiquities scheme in Israel and the proposed law in the Palestinian Authority. Although historically entrenched, is the continued use of these legislative legacies the best mechanism for protecting the cultural heritage of the region? Through an examination of archival materials, recent oral histories, and an historical analysis of the legal precedents in the region, we will examine the legislative history behind the trade in antiquities in Israel and the impacts of that trade on the archaeological landscape. Who Owns the Past? Competing Claims for Antiquities from the Holy Land
As artifacts travel from the ground to the consumer in the marketplace, recent research has shown that there are multiple stakeholders with competing claims in the legal trade in antiquities. In Israel it is legal to buy and sell artifacts from legally sanctioned dealers, if the collections pre-date the 1978 national ownership law. Not all aspects of this trade are legal, however, and not all participants have an equal voice. The market in Israel is comprised of archaeologists, collectors, customs officials, dealers, government employees, looters, middlemen, museum professionals, and tourists, all expressing a degree of entitlement in the acquisition and disposition of artifacts. Adding to the complexity of the situation is the porous nature of the borders between Israel, Jordan, and the Palestinian Authority as artifacts in the market come from those areas and go out to Europe, the Far East, and the United States. The journey of a Roman coin from the Palestinian countryside to the Upper West side of New York City allows the examination of the various positions in the debate over who owns the past.
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