Using the Law to Address the Traffic of Pre-Columbian Antiquities between Mexico and the United States

                  Monte Alban                     

Claudia S. Quiñones Vilá 2021, 'On the Borderline – Using National and International Legal Frameworks to Address the Traffic of Pre-Columbian Antiquities between Mexico and the United States', Santander Art and Culture Law Review 2/2021 (7): 51-76    DOI: 10.4467/2450050XSNR.21.018.15263

Abstract:  This article examines legal provisions and remedies for illicitly trafficked pre-Columbian antiquities, focusing on Mexico and the United States of America (USA), to determine  gaps and areas for improvement. These two countries provide an interesting contrast, as they are contiguous neighbours but have different legal systems and approaches to the protection of cultural property. Nonetheless, Mexico and the USA have a history of fruitful cooperation in the recovery and return of pre-Columbian cultural objects under both domestic and international frameworks, such as bilateral agreements and cultural heritage conventions. In particular, as a country that accounts for nearly half of all global art market transactions, the USA is uniquely placed to act as a gatekeeper for pre-Columbian antiquities and serve as an example for the effective protection of foreign cultural property seized within its borders. However, while the examination of Mexico and the USA provides a useful case study, the illicit traffic of these objects should not be viewed in isolation or characterized as solely a regional problem. Globalization and the international nature of the art market require a more expansive view of the subject, while still taking countries’ legal and cultural specificities into account. A balanced and holistic approach will help increase the effectiveness of both national and international remedies; this will improve the legitimate market as a whole and curb illicit trafficking. By tackling the problem at both ends of the supply chain and increasing visibility, the possibilities of success shall rise.

The paper notes: [T]he tremendous quantity of cultural property in Mexico – including over 42,000 reported archaeological sites and approximately 1.8 million pre-Columbian objects" collectors in the US suggesting that the only way to stop Americans buying the artefacts is that the Mexican authorities should "guard" each of these sites. Ms Quiñones Vilá addresses the issues in a more down-to-earth fashion.

Meanwhile, though this is an old article, the situation has not got any better: Anahi Rama, 'Mexico struggles to rescue ancient ruins: Mexico's many archaeological sites are underfunded for investigation, embroiled in land conflicts and being spoiled by the sheer number of visitors'. NBC Oct. 23, 2004



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