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Institute of Archaeology

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Elizabeth Varner

 

 

Email:  Elizabeth.Varner.21@ucl.ac.uk
Section: Heritage Studies

Supervisors:

Profile

A Study of the Legal History and Political Implications Surrounding Removal of Eygptian Antiquities in the 19th and 20th Century

This effort will research the history of select archaeological removal case studies in Egypt in the 19th- 20th century at key geo-political transitions, focusing on what constitutes consent for removal through evaluating: legal restrictions impacting Egyptian archaeological material; administrative processes for generating, selling, and exporting Egyptian archaeological material; and how archaeological material was obtained in practice.

The proposed research aims to answer the following questions: 

Is a removal that comports with the laws, policies, and procedures in effect at the time of removal, including issuance of permits and export certificates, dispositive of consent if the laws were influenced by outside pressure?

How can the analysis of removal factors, in relation to consent, inform the development of future policies and laws and repatriation claim negotiations? 

This effort will provide new insights into the repatriation debate and collecting practices and result in a more comprehensive understanding about what past collections are appropriate for retention and return as well as what future objects and specimens are appropriate for collecting. Additionally, it will improve the definition of what constitutes consent in the scientific collecting context and inform foreign and domestic laws, museum policies, and scientific ethics relating to current and future scientific collections. This project has the potential to enhance international relations and create a basis for further research in other regions and time periods.

Education

  • BA, Art History, University of North Carolina Chapel Hill, 2002
  • MA, History of Decorative Arts, Smithsonian-Corcoran College of Art+Design, 2008
  • JD, Tulane University Law School, 2010
    Publications

    Contributions to Books 

    US Obligations Underlying the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, Protocol II, PRESERVING ART AND CULTURE IN TIMES OF ARMED CONFLICT (Oxford University Press, 2022).

    Comparing Interpretations of States’ and Non-State Actors’ Obligations to Cultural Heritage in Armed Conflict and Occupation: Military Manuals and the Laws of War, INTERSECTIONS IN INTERNATIONAL CULTURAL HERITAGE L. (Oxford University Press, 2020).

    Hot Topics for Natural History and Science Collections, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2019).

    DOI Museum Property Directive 17 Signed, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2019).

    Directive 17 Guidance, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2019).

    Draft Template Guidance for Repository Agreement, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2019).

    Draft Job Aid-Is it DOI Museum Property, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2019).

    Federal Collections, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2017).

    Issues in Conceptual Art, LEGAL ISSUES IN MUSEUM ADMINISTRATION (ALI-ABA & SMITHSONIAN, 2017).

    Cultural Heritage and Cultural Property, ENCYCLOPEDIA OF MILITARY SCIENCE (2013).

    Military Crimes, ENCYCLOPEDIA OF MILITARY SCIENCE (2013).

    Editing

    Co-Editor, INTERSECTIONS IN INTERNATIONAL CULTURAL HERITAGE LAW (Oxford University Press, 2020).

    Co-Editor-in-Chief, AMERICAN SOCIETY FOR INTERNATIONAL LAW: CULTURAL HERITAGE & ARTS REVIEW (2011-2015).

    Editor-in-Chief, TULANE JOURNAL OF TECHNOLOGY & INTELLECTUAL PROPERTY (2009-2010).


    Articles 

    Legal Responsibilities and Restrictions in Cultural Heritage Protection When Outside Influence is Exerted on Another State: A Continuum, CORNELL UNIVERSITY: TRAINING IN CULTURAL PROPERTY PROTECTION:  A HOST NATION PERSPECTIVE (Publication forthcoming 2022).

    Co-Author, Managing Our Nation’s Heritage: The Department of the Interior Needs Assistance to Locate DOI Collections, AMERICAN ALLIANCE OF MUSEUMS: MUSEUM (2016).

    Co-Author, U.S. Department of the Interior and Non-federal Partners: Housing the Public’s Collections, 30 SOCIETY FOR THE PRESERVATION OF NATURAL HISTORY COLLECTIONS: SPNHC CONNECTION 1 (2016).

    Co-Author, U.S. Department of the Interior Collections and Outreach to Non-Federal Partners, AMERICAN ALLIANCE OF MUSEUMS: MUSEUM (2016). 

    Planning for Leadership Transition, AMERICAN ALLIANCE OF MUSEUMS: LEADERSHIP MANAGEMENT NETWORK ONLINE PRESS (2016).

    Restructuring Nonprofit Corporations: Mergers, Acquisitions, Partnerships and Separations, AMERICAN ALLIANCE OF MUSEUMS: LEADERSHIP MANAGEMENT NETWORK ONLINE PRESS (2015).

    Internet & Cyberlaw Issues Impacting Cultural Organizations, AMERICAN ALLIANCE OF MUSEUMS: LEADERSHIP MANAGEMENT NETWORK ONLINE PRESS (2015).

    International Cultural Heritage Loans: Seizure & Jurisdiction, AMERICAN ALLIANCE OF MUSEUMS: LEADERSHIP MANAGEMENT NETWORK ONLINE PRESS (2014).

    Advances in Disaster Management for Cultural Heritage: Prevention, Resiliency and Response, LIAISON: A JOURNAL OF CIVILIAN-MILITARY DISASTER MANAGEMENT & HUMANITARIAN RELIEF COLLABORATIONS (2014).

    Co-Author, Reviewing the Agudas Chasidei Chabad v. Russian Federation, et al. Dispute, 18 AMERICAN SOCIETY OF INTERNATIONAL LAW: INSIGHTS 8 (2014) (Repatriation case).

    Deaccessioning in Museums: Evaluating Ethical, Legal and Practical Dilemmas, COLLECTIONS: A JOURNAL FOR MUSEUM & ARCHIVES PROFESSIONALS (2013).

    Co-Author, Meet the Artist: Susanne Slavick: The R&R (...&R) Project and Animating Absence, 2 AMERICAN SOCIETY FOR INTERNATIONAL LAW: CULTURAL HERITAGE & ARTS REVIEW 12 (2013).

    Co-Author, Rubin v. The Islamic Republic of Iran: Satisfying U.S. Judgments against Foreign Sovereigns by Seizing Museum Collections, 2 AMERICAN SOCIETY FOR INTERNATIONAL LAW: CULTURAL HERITAGE & ARTS REVIEW 3 (2013).

    Arbitrating Cultural Property Disputes, 13 CARDOZO JOURNAL OF CONFLICT RESOLUTION 479 (2012).

    R.M.S. Titanic: Underwater Cultural Heritage's Sacrifice, JOURNAL OF BUSINESS LAW (2012).

    The Art of Armed Conflict: An Analysis of the Legal Responsibilities of the U.S. Military to Protect Cultural Property under the 1954 Hague Convention, CREIGHTON LAW REVIEW (2011).

    Introduction and Compilation, Conversations with Renowned Professors on the Future of Copyright, 12 TULANE JOURNAL OF TECHNOLOGY & INTELLECTUAL PROPERTY 35 (2009).

    Comment, Tiffany, Inc. v. eBay, Inc.: Justice White's Outdated Guide to Trademark Infringement Will Likely Result in Appeals, 11 TULANE JOURNAL OF TECHNOLOGY & INTELLECTUAL PROPERTY 157 (2008).

    White Papers

    Led drafting, Cultural Heritage Protection and the U.S. Department of Defense White Paper, for Department of Defense Cultural Heritage Protection Working Group (2021).

    Conference papers

    Cornell University, Training in Cultural Property Protection:  A Host Nation Perspective, Ithica, NY, 2022 (forthcoming).
    Served on panel, A Vision for Cultural Property Protection.
    Presented, Legal Responsibilities and Restrictions in Cultural Heritage Protection When Outside Influence is Exerted on Another State: A Continuum.

    US Department of Defence, Defense Institute of International Legal Studies Law of Military Operations Course, Newport, RI, 2021.
    Presented, Cultural Property Protection and the Law.

    AI World Government, Accelerating Innovation in the Public Sector Conference, Washington, DC, 2020.
    Presented on panel, Sharing Agency Best Practices and Leveraging Other Agency Solutions to Implement AI.

    Smithsonian and US Army, 49th HHC Cultural Heritage Awareness Training, Knoxville, TN, 2020
    Presented, The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.

    Smithsonian and US Army, Army Monument Officer Training, Washington, DC, 2020
    Presented, LOE #1, Policy Development and Joint Integration.

    UNESCO, Training on UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transport of Ownership of Cultural Property and 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, Ramallah, Palestine, 2019 (Invited).
    Invited to provide training on the 1954 Hague Convention and Protocols I and II.
    Invited to assist Palestinian stakeholders in setting up a framework for implementation of the 1954 Convention and submit a report on contributions, outcomes, and recommendations.

    Federal Bar Association, International Conference on Legislation and Law Reform Conference, Washington, DC, 2019.
    Presented on panel, Technology Game Changers: What You Need to Know About Blockchain Technology and How It Might Be Used in Government or Business Applications.

    Florence International Mediation Chamber, Florence Chamber of Commerce, Permanent Court of Arbitration in The Hague, Cultural Property: What Means for the Settlement of International Disputes? Conference, Florence, Italy, 2019.
    Presented, International Arbitration: Distinguishing and Expanding Dispute Resolution Options.

    ALI-ABA/Smithsonian Institution, Legal Issues in Museum Administration, Washington, DC, 2019.
    Presented, Hot Topics for Natural History and Science Collections. 

    Lawyers’ Committee for Cultural Heritage Preservation, Annual Conference, Washington, DC, 2019.
    Moderated, The United States Cultural Heritage Coordinating Committee: Federal Law Enforcement’s Role.
    Presented on panel, Technological and Legal Advances in Using and Preserving Cultural Heritage.

    Interior Museum Program, Working with Non-Bureau Facilities and Repositories to Manage DOI Museum Collections, 2019 (Quarterly).

    Federal Bar Association, Art Law & Litigation Annual Conference, New York, NY, 2019.
    Moderated and introduced panel, Art and Photography: Copyright Implications in the Digital Age.

    Interior Museum Program, Using Non-Federal Repository Survey Workbooks, Online, 2018-2019 (Quarterly).

    Interior Museum Program, Managing Museum Collections Training, Harpers Ferry, WV, 2018. 
    Presented, Working with Non-Federal Repositories.
    Presented, Handling Museum Collections.

    American Alliance of Museums, Annual Conference, Phoenix, AZ, 2018.
    Organized, presented at, and moderated the panel, STEAM (and Social!) Power: Educating, Engaging, and Elevating through DOI Collections.

    Lawyers’ Committee for Cultural Heritage Preservation, Annual Conference, Washington, DC, 2018.
    Assisted with choosing and organizing panels and presented introduction to conference.

    Queen Mary University of London’s School of International Arbitration, World Intellectual Property Organization, and Columbia University Libraries, ADR for Art and Cultural Heritage Disputes Joint Symposium, New York, NY, 2017. 
    Served on the panel, Tailoring ADR Options for Art and Cultural Heritage Disputes.
    Presented, Drafting ADR Clauses for Cultural Heritage Disputes.

    University of Pennsylvania, Center for Ethics and the Rule of Law and Museum of Archaeology and Anthropology, The Preservation of Art and Culture in Times of War Conference, 2017.
    Submitted and discussed white paper, US Obligations Underlying the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, Protocol II. 

    Interior Museum Program, Managing Museum Collections Training, Ocmulgee National Monument, Macon, GA, 2017. 
    Presented, Working with Non-Federal Repositories.
    Presented, Handling Museum Collections.
    Presented, How Museum Collections Support DOI’s and Bureaus’ Missions.

    American Alliance of Museums, Annual Conference, St. Louis, MO, 2017. 
    Organized and moderated the panel, Unpacking the Mask of Ka Nefer Nefer: A Discussion of the History, Law, Ethics, and Policy Involved (Repatriation case).

    American Alliance of Museums, Annual Conference, St. Louis, MO, 2017.
    Organized and presented the panel, Inclusion and Diversity in Curatorial Ethics: A Game Plan.

    American Alliance of Museums, Conference, St. Louis, MO, 2017. 
    Facilitator for CEO Roundtable Discussions, Governance.
    Led discussion, Communication: More Effective Relationships with Museum Boards and Oversight Authorities.

    Society for the Preservation of Natural History Collections, Annual Conference, Denver, CO, 2017.
    Presented, Survey Is In! Design, Results & Next Steps for DOI Collections.

    ALI-ABA/Smithsonian Institution, Legal Issues in Museum Administration, Dallas, TX, 2017.
    Presented, Federal Collections. 
    Presented, Issues in Conceptual Art (discussed intellectual property).

    Lawyers’ Committee for Cultural Heritage Preservation, Annual Conference, Washington, DC, 2017.
    Moderated and served on panel, U.S. Committee of the Blue Shield and U.S. Policy Perspectives on Cultural Heritage in Times of Armed Conflict.
    Presented talk, U.S. Obligations Underlying the 1954 Hague Convention for the Protection Cultural Property in the Event of Armed Conflict, Protocol II.

    American Alliance of Museums, Webinar, 2017.
    Presented on legal and ethical issues impacting internships on panel, Museums and Internships.

    Interior Museum Program, Managing Museum Collections Training, Salt Lake City, UT, 2016.
    Presented, Working with Non-Federal Repositories.
    Presented, Handling Museum Collections.

    DOI Interior Museum Speaker Series, Washington, DC, 2016.
    Organized and co-presented, We’re Surrounded!: Museum Collections Across Interior Bureaus, Disciplines, and Partners.

    Paleontological Resources Preservation Act Town Hall, Introduction, Denver, CO, 2016.
    Created video recorded introduction to frame discussion on Federal palaeontological collections.

    Georgetown Law School, Intersections in International Cultural Heritage Law, Washington, DC, 2016.
    Co-organized conference and served on panel, Law of Armed Conflict and Cultural Heritage Law.
    Presented, U.S. Obligation to Cultural Heritage in Armed Conflict and Occupation under the Law of War.

    American Alliance of Museums, Annual Conference, Washington, DC, 2016.
    Organized interactive hypothetical roundtable discussions and panel, The Struggle is Real: A Game Plan for Ethical Conundrums.
    Presented on law and ethics in curatorial decisions.

    Lawyers’ Committee for Cultural Heritage Preservation, Annual Conference, New York, NY, 2016.
    Coordinated and moderated panel, Recent Developments in Cultural Heritage Restitution Cases: Where Are We and Where Are We Going?

    iDigBio, Webinar, 2016.
    Presented, Federal Collections from a DOI Perspective.

    Association of Children’s Museum, InterActivity Conference, Indianapolis, IN, 2015.
    Served on panel, Intellectual Property Rights and Why They Matter.
    Presented, Protecting Museum Exhibits through Law and Ethics.

    Lawyers’ Committee for Cultural Heritage Preservation, Annual Conference, Philadelphia, PA, 2015.
    Coordinated and moderated panel, Legal Responsibilities, Methods and Due Diligence in Provenance Research. 

    Winterthur, Sewell C. Biggs Winterthur Furniture Forum, From New Netherland to New Empire: New York Furniture, Winterthur, DE, 2015.
    Presented, Unifying the Nation: Pottier & Stymus’ Furniture as Presidential Props.

    Federal Bar Association, Cultural Heritage Seminar, Spoils of War: Plunder and Destruction of Cultural Heritage in the Pacific Theater of World War II, New Orleans, LA, 2014.
    Served on panel, Preventing the Desecration of Sunken World War II Heritage Sites.
    Presented, Legal Framework for Protection of Underwater Cultural Heritage from World War II.

    International Council of Museums, Museum and Politics, St. Petersburg, Russia, 2014.
    Served on panel, Museums and Foreign Policy.
    Presented paper, Modification of the US' Foreign Sovereign Immunity Act for Cultural Heritage Lent by Foreign Museums.

    Department of State, Cultural Property Advisory Committee, Washington, DC, 2014.
    Presented comments on behalf of the Lawyers’ Committee for Cultural Heritage Preservation regarding Egypt’s request for a Memorandum of Understanding with the United States of America to implement import restrictions against archaeological and ethnological materials.

    American Alliance of Museums, Annual Conference, Seattle, WA, 2014.
    Served on panel, Deaccessioning for the Better.
    Presented, Deaccessioning in Museums: Evaluating Ethical, Legal and Practical Dilemmas.

    Lawyer's Committee for Cultural Heritage Preservation, Annual Conference, New York, NY, 2013.
    Coordinated and moderated panel, Present-day Initiatives Taken by the U.S. Armed Forces, Law Enforcement, the Art Market and Others to Prevent and Remedy Looting and the Trade of Works Looted during Times of Conflict.

    The Association of Registrars and Collection Specialists, Annual Conference, Chicago, IL, 2013.
    Served on panel, Deaccessioning: Is There One Right Way?
    Presented, Deaccessioning in Museums: Evaluating Ethical, Legal and Practical Dilemmas.

    Association of Midwest Museums, Civic Engagement & Public Discourse: Role of Museums in 21st Century Conference, Indianapolis, IN, 2012.
    Presented, Deaccessioning in Museums: Evaluating Ethical, Legal and Practical Dilemmas.

    International Conference on Law and Society, Honolulu, HI, 2012.
    Served on panel, Intellectual Property, Heritage, and Cultural Rights.
    Presented, R.M.S. Titanic: Underwater Cultural Heritage's Sacrifice.

    Creighton University School of Law, Ethics in War, Terrorism and Military Law, Omaha, NE, 2011.
    Served on panel, Preserving Cultural Sites during Conflict: Moral and Legal Implications.
    Presented, The Art of Armed Conflict: An Analysis of the Legal Responsibilities of the U.S. Military to Protect Cultural Property under the 1954 Hague Convention.

    Smithsonian American Art Museum, Renwick Gallery, Washington, DC, 2007.
    Presented gallery talks on cultural heritage installation, Beth Lipman’s Bancketje (Banquet).
    Presented, Super Size it? Reinterpreting Western Dining Tradition.