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William & Mary Law Review Online

Abstract

This Note argues that the current standards regarding the display of colonial era artwork must be addressed through a new form of oversight and enforcement. In order to understand why the law and policies surrounding museums’ duties should change, it is important to first understand the existing frameworks that guide the choices museums make today. Part I of this Note provides the relevant background, first taking a brief look at the impact of the Nazis on the art world and addressing some of the leading guidelines and legislation about provenance research and restitution claims for Nazi-looted art. Part I then discusses additional background on the current ethical guidelines for museums from three leading organizations.

Part II ... helps illustrate why a strictly legal model that mandates what information is displayed alongside art is not the best solution to creating more transparency in museums. Part III then proposes a regulatory and oversight solution to ensure better museum practices, followed by a more practical ethical model that museums can adhere to. This model specifically addresses alternative actions museums can take, including what museums should share with the public, and what terminology is recommended. This model draws on the existing framework for Nazi-looted art, but it notes the additional intricacies of colonial era art in museums and how those differences call for additional measures by museums. Ultimately, the solution asks museums to engage with their imperialist background by sharing more complete histories with the public and inviting historically excluded voices to shape the future of the institutions.

This abstract has been taken from the author's introduction.

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