The Parthenon Marbles and International Law

The Parthenon marbles case is the most famous international cultural heritage dispute concerning repatriation of looted antiquities, the Parthenon marbles in the British Museum's 'Elgin Collection'. The case has polarised observers ever since Elgin had the marbles hacked out of the ancient temple at the turn of the 19th century in Ottoman-occupied Athens. In 1816, a debt-stricken Elgin sold the marbles to the British government, which subsequently entrusted them to the British Museum, where they have remained since then.

Much ink has been spilled on the Parthenon marbles. The ethical and cultural merits of their repatriation have been fiercely debated for years. But what has generally not been considered are the legal merits of their return in light of contemporary international law. This book is the first in legal scholarship to provide an international law perspective of the cause célèbre of international cultural heritage disputes and, in doing so, toclarify the new customary international law on the return of cultural property unlawfully removed from its original context.

The book, which includes a foreword by Andrew Wallace-Hadrill, is a unique reference work on the legal case for the return of the Parthenon marbles and the new normative framework for the protection of cultural heritage.

The first in-depth study of the legal case for the return of the Parthenon marbles Casts fresh light on the facts of the case Discusses the new customary international law on the return of cultural heritage

Auteur

Prof. Catharine Titi, Dr iur., FCIArb, is a tenured Research Associate Professor at the French National Centre for Scientific Research (CNRS)-CERSA, University Paris-Panthéon-Assas, France.

Résumé

"This is the most comprehensive, well-structured, published analysis of the Parthenon Marbles, which skillfully assesses the classic claims regarding the Marbles' acquisition ... . Titi shines when she analyzes whether Greece's claim could be brought to the International Court of Justice and the European Court of Human Rights, and its potential success. ... her skill at clearly applying the law to the facts is valuable." (Lauren Bursey, Journal of International Humanitarian Legal Studies, July 2, 2024)

"Titi achieves a significant milestone in international legal scholarship ... . Titi's book is an important asset to potential stakeholders engaged in efforts to ensure restitution, and particularly to the Greek government. Moreover, the book succeeds in translating public sentiment into convincing international legal language, validating what Greeks have felt for decades: justice demands that the marbles be brought back 'home'. This, perhaps, is Titi's most immeasurable contribution." (Panagiotis A Kyriakou, Cambridge International Law Journal, Vol. 13 (1), June, 2024)

"A superlative examination of the legal case surrounding the status of the Parthenon Marbles ... Her magisterial work ... is truly groundbreaking. It is indeed fit to put to rest for good one allegedly key support for the British Museum's retentionist case. ... It is not possible to summarise justly a work of the depth, complexity and originality of Titi's." (Paul Cartledge, ARGO - A Hellenic Review, Issue 19, 2024)

"Her magisterial work is truly groundbreaking ... ." (Alexander Herman, Classics for All, classicsforall.org.uk, February 12, 2024)

"In The Parthenon Marbles and International Law, Catharine Titi ... examines how the marbles were acquired, the question of good title, and the various legal mechanisms that may or may not be employed to secure their return to Greece. ... There is nothing like the regimented examinations of one trained in law. ... thorough recital ... ." (Eleni Vassilika, The Art Newspaper, theartnewspaper.com, September 29, 2023)

"This gem of a book ... a very strong and formidable text ... . The Parthenon Marbles and International Law is both a tour de horizon and a tour de force on the law. Marvelously written and with a keen eye for both detail and nuance, Professor Catharine Titi informs as much as she provokes thought on the nature of international law ... . It is a must read for anyone interested in this area of international law." (Michael G. Karnavas, michaelgkarnavas.net/blog, August 2, 2023)

Contenu
Introduction.- Part One: The Facts.- The Parthenon.- Elgin and the Marbles.- The Acquisition of the Marbles by the UK Government.- Greek Demands for Return.- The British Museum and the Marbles.- Part Two: Access to Dispute Settlement.- What Method of Dispute Settlement?.- Issues of Jurisdiction and Admissibility.- Part Three: The Law Applicable to the Substance of the Dispute.- Treaty Law.- Customary International Law.- Part Four: Time Future.- Conclusion: Homecoming.- Annex.