Glossary

In the field of international public law, an agreement is an international agreement/treaty concluded between states in writing. The agreement/treaty is in principle subject to international public law.

Classical and Ancient Studies consist of a close association of the disciplines Egyptology, Ancient Near Eastern Studies, Classical Archaeology, Prehistoric Archaeology, Near Eastern Archaeology, as well as languages and cultures of South Asia. In Classical and Ancient Studies, the focus is on the early phases of human history. The geographical and temporal framework is correspondingly broad: It covers the early civilizations in Egypt, in Western Asia and in Central and East Asia. It is comprised of an arc ranging from prehistoric and ancient Europe to the New World of South America.

In the traditional understanding, the ‘ancient world’ includes cultures that originated in the first millennium before and in the first millennium after Christ in the countries around the Mediterranean and also spread beyond, especially those of Greece and Rome. They deal with the subjects of ancient history, classical archaeology and classical philology (Greek and Latin studies). This spatially, temporally and culturally highly restricted use of the term is now considered obsolete. It is a legacy of the 19th century, when Greece and Rome were given priority over other cultures of the ancient world. Today, the concept of the ancient world is extended to all antiquity in Europe, North Africa and the Middle East – to cultures that often interacted with Greece and Rome, but were independent of them and often far older. The study of these cultures also has a tradition: It is in the hands of long-established specialist disciplines. These include Near Eastern Archaeology and Ancient Near Eastern Studies, Egyptology or Prehistoric Archaeology. This covers the entire period from the Neolithic (12th millennium B.C.) to late antiquity and early Islam (9th century A.D. ). Instead of this broad concept of the ancient world, the term ‘antiquity’ is often used. In addition, the term ‘old world’ now appears more frequently.

Antiques are objects, usually of an artistic or handicraft nature, that are at least 100 years old or older. Antiques have a collector's value; however, they do not necessarily have to have been created as collectibles of appropriate craftsmanship or material quality. It can also be simple everyday objects, tools, agricultural implements, kitchen utensils, etc., which only over time have become coveted antiques. ‘Antique objects’ do not belong to this category due to their older age.

The term ‘antiquities' refers to objects and objects of all kinds that were made by people in ancient times. Which objects are considered antiquities depends largely on how the term antiquity is defined. Based on a temporally and regionally broad concept of antiquity, these include ceramic vessels from the Neolithic period, cuneiform tablets from the Near East, papyri from Egypt or statues from Greece. Assuming a narrow concept of antiquity, the number of objects that are counted among antiquities is reduced. In a narrow understanding of antiquity, only the material legacies produced in the first millennium B.C. and the first millennium A.D. are considered antiquities in the countries around the Mediterranean Sea.

‘Antiquity’ refers to the oldest and at the same time longest epoch in the history of mankind. This covers the entire period from the Neolithic (12th millennium B.C.) to late antiquity and early Islam (9th century A.D. ). The term is now more often used instead of a broad concept of the ancient world.

Archaeometry lies at the interface between classical studies and natural sciences. It comprises scientific concepts and methods that provide insights into the materials used, the exact dating, the origin and use of objects in archaeology. This also includes the non-invasive examination of structures hidden in the ground and investigations from the air. Due to the rapid development of this still young subject, its exact definition is also changing at great speed. The most important methods of the research areas include dating, geophysical prospecting, inorganic material analysis, organic material analysis, and climate and settlement dynamics.

The Archaeological Heritage Network is a network for the preservation of cultural heritage. The association of different groups seeks to pool existing competences in order to promote the reconstruction of monuments at different levels. ArcHerNet supports regional and international projects, but also carries out its own projects. The largest project is called “Zero Hour”, which was launched together with the members of the Archaeological Heritage Network in 2016 and is funded by the Federal Foreign Office. Within the framework of the project, local institutions in crisis-stricken countries and their members are supported during reconstruction efforts through training and further education in the field of archaeology, architecture and crafts.

An archive is a place in which written documents, images and sound material are systematically stored. The first archives were created in ancient times. Up until the 19th century, archives are used almost exclusively for administrative purposes, but later they also are used for historical research. Inventories provide an overview of the contents of an archive. The state archives are now open to the public in many countries.

The Code of Conduct, which the serious art trade has imposed on itself, was included in the German Act on the Protection of Cultural Property of 2016. Various other national and international codes of conduct serve as a benchmark for the professional handling of cultural property and the avoidance of trade in objects of illegal origin. These include, for example, the “International Code of Ethics for Dealers of Cultural Property”, the “ICOM Code of Ethics for Museums”, the Code of Conduct of the Art Dealers Association of Germany (Kunsthändlerverband Deutschland), and the “Standards for Museums” of the German Museum Association (Deutscher Museumsbund e.V.).

Blue Shield International is an independent non-governmental organization founded in 1996 by the four largest heritage organizations: International Council on Archives (ICA), International Council of Museums (ICOM), International Federation of Library Associations and Institutions (IFLA) and International Council on Monuments and Sites (ICOMOS). Their task is to protect cultural heritage during armed conflicts and in disaster situations around the world. Blue Shield International relies on international law based on international public law.

Chrysocolla is a green to blue mineral that forms crusts in grape or stalactite form. It occurs mainly near copper ore deposits.

CircArt is an initiative of the British Museum in London, which opposes the worldwide trade in illegal antiquities. CircArt collects information about objects and makes it available online. In addition, information is collected on auctions where antique objects are sold, and pieces are examined for signs of possibly being of illegal origin. The CircArt platform works with authorities, museums, law enforcement agencies and other interested parties.

Conservation is the material preservation of objects. Antiquities require continuous care and must therefore be permanently preserved. The goal of conservation is to preserve a certain state of an object and save it from further destruction or decay. More extensive intervention falls under the term restoration.

A counterfeit is a replica of an original piece that is created to deliberately deceive others. With the increase in interest in antiquities in 19th century Europe, antiquities are being faked on a larger scale. However, originals can not only be forged, they can also be counterfeited. This is done, for example, by changing or restoring an object. Not infrequently, such adulterated objects are smuggled under the finds of an excavation, so that they can be assigned a certain origin and, as a result, their value increases significantly. However, counterfeits do not always have to be based on an original: They can also be based on a certain style, without a direct model existing.

The term ‘cultural heritage’ is first used in the German-speaking world within the framework of the 1954 Hague Convention. It describes the totality of all tangible and intangible cultural property. The exact definition of cultural heritage varies from one state to another. Through its identity-creating character, the cultural heritage of humanity provides anchor points in past times and is to be preserved for the future.

Intangible cultural heritage includes oral or written forms of expression that are of fundamental importance to a society, a group or even an individual and are usually maintained over a longer period of time. These include, for example, certain customs, rituals, dances or festivals, but also knowledge of nature or artisan traditions. At the international level, UNESCO is committed to the protection and preservation of intangible cultural heritage. It has issued various proclamations and also maintains various lists in which intangible cultural property of all humanity, but also of individual countries, is listed.

According to the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the term cultural property refers to objects classified by states as having archaeological, historical, literary, artistic or scientific significance for religious or secular reasons. Among them are objects from archaeological excavations, objects of paleontological or ethnological interest, parts of artistic and historical monuments and inscriptions over a hundred years old, coins and engraved seals.

According to the German Act on the Protection of Cultural Property of 2016, movable objects that were created or processed by humans or provide information about human life in past times are considered archaeological cultural property. Such archaeological cultural property was and is located in the ground or in a body of water.

The new German Act on the Protection of Cultural Property brings together the previously applicable regulations for the protection of cultural property and supplements them with requirements from EU law and from the UNESCO 1970 Convention. The German Act on the Protection of Cultural Property has four main points: (1.) Import and export regulations, (2.) Return regulations, (3.) Duty of care when placing on the market, and (4.) Criminal sanctions. The antiquities trade is regulated anew with the German Act on the Protection of Cultural Property. Thus, cultural property may only be imported into Germany with a valid export license from the country of origin.

The German Act on the Protection of Cultural Property of 2016 defines objects as cultural property if they are described “as movable objects or as a whole of artistic, historical or archaeological value or from other areas of cultural heritage, in particular of paleontological, ethnographic, numismatic or scientific value”. The legal term thus includes only movable cultural property and thus separates it from the legal term ‘monument’, which describes immovable property.

Tangible cultural property includes all man-made objects that are defined as cultural property by the legislation of a country. Tangible cultural heritage must be distinguished from intangible cultural heritage, which describes traditional forms of culture.

‘Nationally valuable cultural property’ is the generic term for listed cultural property and cultural property in public collections. An object is entered into a register of nationally valuable cultural property if it is particularly significant for the cultural heritage of Germany, the federal states or one of its historical regions and thus creates identity for the culture of Germany and its emigration would mean a significant loss for German cultural property and therefore its retention in the federal territory is in the outstanding cultural public interest.

In the case of approved excavations, the regulation of the division of finds applied in many countries. In this case, the finds are divided between the country of origin and the excavators. The principle behind the division of finds is no longer used today and is controversial, since it is mostly based on former colonial law.

An edict is an imperial or royal decree. Edicts are issued as early as the 15th century in order to protect national cultural heritage. The first edict is issued by Pope Martin V in 1425 to prevent the destruction and removal of ancient monuments.

An excavation is the study, examination and unearthing of archaeological and paleontological sites. Nowadays, to carry out excavations, a digging license from the competent authority of the state concerned is required. Since archaeological sites are damaged or destroyed by the excavations, careful documentation of the archaeological context is important. Various interdisciplinary methods and procedures are used for this purpose. The first excavations in Europe are undertaken during the Renaissance. In Italy, Roman buildings are unearthed and excavated during this time in order to examine them in more detail. However, compared to today's standards, the excavations are still carried out in quite an amateur manner.

For each archaeological excavation, a excavation license or permit from the competent authority of the state where the excavation is to be carried out is required. This is intended to prevent uncontrolled excavations and the misappropriation/suppression of finds and to ensure the professional examination of the finds and findings. In order to obtain an excavation license, one usually has to prove corresponding expertise in the relevant field and carefully document and publish the finds. If there is no excavation license, then the excavation is considered a robbery.

Free ports are territories that belong to the customs territory of a country, but in which special rules for import duties apply. Customs duties do not have to be paid until the objects stored in the free port are imported from the free port into the country in question.

A free trade area is created when several states merge into a single customs territory. There are no customs duties between member states, but import restrictions apply to third countries. Unlike a customs union, the free trade area does not impose common external tariffs. However, compensatory internal duties may be levied.

The Hague Convention is an international treaty designed to protect cultural property from damage, destruction, theft and looting in the event of armed conflict. A detailed definition of cultural property and measures for the protection and safeguarding of endangered cultural property are formulated therein. Protection concerns movable and immovable cultural property, which is of great importance for the cultural heritage of peoples. Measures for the protection of cultural property should be taken by the signatories in peacetime, and cultural sites should not be attacked in the event of conflicts. The export of cultural property is to be prevented in the event of war by one signatory from the territory of another signatory. The signatories acknowledge that damage to cultural property is damage to the cultural heritage of all humanity and that international protection of the same is of great importance.

The name Huaquero is derived from the Quechua word huaca ‘untouchable’. Before the Spanish conquest of South America, it was used to designate sacred places. Today, this primarily refers to archaeological sites. A huaquero is a person who digs illegally at archaeological sites. The term is mainly used in Peru, but is also used in Ecuador and Bolivia.

The International Council on Archives (ICA) has been committed to the preservation of archives since 1857. It ensures that stocks are preserved, documented and kept or made available to the public.

The International Council of Museums (ICOM) is founded in 1946 in cooperation with UNESCO as a non-governmental, internationally operating organization for museums. ICOM is committed to the care, preservation and communication of cultural and natural world heritage. The International Council of Museums consists of 118 national committees and 32 international committees, as well as many regional organizations.

The International Council on Monuments and Sites (ICOMOS) is an international non-governmental organization dedicated to the protection and maintenance of monuments and the preservation of historical cultural heritage worldwide. ICOMOS participates as a consultant and assessor in the work of the World Heritage Committee and in the fulfillment of the UNESCO World Heritage Convention. ICOMOS operates on an international level with 25 scientific committees. Meanwhile, it also maintains national committees in over 120 countries. The German National Committee of ICOMOS is committed to the preservation of monuments, building ensembles and cultural landscapes on a national and international level.

The International Federation of Library Associations and Institutions (IFLA) is the leading international organization representing the interests of library and information services and their users. The association was founded in Edinburgh in 1927 and has been headquartered in The Hague since 1971.

ILLICID is a research project. The aim of the project was to develop efficient procedures and tools for collecting, documenting and analysing information on the illegal trade in cultural property in Germany. It focused mainly on cultural property from the Eastern Mediterranean region. Various research and educational institutions as well as investigative authorities were involved in the project. The Federal Ministry of Education and Research funded the project from 2015 to 2018.

The term illicit excavation is generally used to describe excavations carried out without permission from the appropriate governmental authorities. In a narrower sense, improper work, in which the information content of the archaeological context is lost, can also be called an illicit excavation.

A formal revision or addition to a law, constitution or other state instrument.

Licenses are issued in the field of cultural property protection for various activities. Thus, licenses are necessary both for excavations and for trade in almost all states. Licences must also be applied for and issued for the import and export of cultural property.

According to the German Act on the Protection of Cultural Property of 2016, claims for return become statute-barred after 30 years. This means that an object that has been unlawfully removed from the territory of the member or signatory state and imported into Germany does not have to be returned after this period. The claim to have the object returned expires. However, there is an exception: A period of limitation of 75 years applies to cultural property from public collections and inventories of ecclesiastical or other religious institutions.

According to international public law, looting refers to the taking away of objects, including cultural property, in connection with armed conflicts. According to the Geneva Convention of 1949, looting is considered a war crime. Recent examples of large-scale looting of cultural property can be found in Iraq and Syria. For this reason, two regulations dating from 2003 and 2013 prohibit the import of cultural property from these countries into the European Union.

Monuments and cultural relics are preserved and permanently secured within the framework of monument protection. The Convention Concerning the Protection of the World Cultural and Natural Heritage, adopted by UNESCO in 1972, is an international basis for the protection of monuments. In Germany, monument protection is the responsibility of the federal states.

An object is considered antique if it was made in ancient times. Depending on the definition, this time period extends to the 6th or 7th century AD and is delineated in Europe and the Mediterranean world from Morocco to the Hindu Kush (Afghanistan, Pakistan) by the spread of Islam, or by the beginning of the Middle Ages. However, within a broad understanding, cultural property originating from other regions such as pre-Columbian America are also regarded as antique objects.

The object biography describes the history of an object from its creation to the present day. By way of an analogy with the different phases of human life, an object also passes through different phases and contexts of use. In order to determine the biography of an object, one can ask a whole series of questions: Where was the object made? How did it get to another place even in the ancient world? Was it stolen, given away or sold? Which primary and secondary uses are there? Information concerning the location, design or traces of use can also provide important information.

An original is the real piece made by the craftsperson or artist.

As part of the cultural heritage of mankind, cultural property has more than just monetary value. Such property also represents knowledge, experiences and practices in a special way and is thus an expression of cultural identity. Protecting cultural property from damage caused by natural disasters, terrorism and illegal trade is a challenge that must be addressed at both the national and international level. Internationally, there are regulations for the protection of cultural property in times of war and peace: In wartime, cultural property is to be protected by the Hague Convention of 1954 and its Second Protocol of 1999. In peacetime, norms developed by UNESCO come to bear, but they remain valid even in wartime. These include, for example, the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property and the 1972 Convention Concerning the Protection of the World Cultural and Natural Heritage. In Germany, for example, the German Act on the Protection of Cultural Property has been in force since 2016. As an association of states, the European Union also issues regulations on the handling of cultural property. However, protection of cultural property is not only in public hands: It is the responsibility of all individuals to protect their own national cultural property and that of other states.

The provenance describes the history of an object from its discovery in modern times to its current location and owner. Ideally, there is an unbroken line of owners from the time of discovery to prove the rightful possession and authenticity of the object. In the case of items from the trade in antiquities, however, the provenance can only be fully determined in very few cases. The provenance can be found in the provenance documentation. This gives information about the number of owners and their succession. The individual information includes the times of and who owned the cultural property, how and where a change of ownership took place, and how this process can be proven. From an archaeological point of view, there is also interest in knowing the original location and context of the cultural property.

Provenance research is dedicated to the most complete reconstruction of the history of objects. Research is carried out concerning the circumstances of acquisition, previous owners and any previous affiliation with any collections. Provenance research plays a major role, for example, in the tracing of goods looted by the Nazis, in dealing with colonial-era objects, and in checking the legal circumstances surrounding objects currently found in the antiquities trade.

Ratification is an act by which a state confirms at the international level that it accepts a treaty. Generally, the head of state is responsible for ratification. Many constitutions require that legislative bodies must also ratify the treaty in order for it to be constitutionally valid. If several states are parties to a treaty, it shall enter into force only upon the deposit of a specified number of ratification instruments.

The sale of stolen items is illegal. Whether it takes place at the level of organized crime or on a smaller scale, such as occasional sales: The theft of cultural goods is a major problem for the preservation of the cultural heritage of humanity.

The Red Lists of the International Council of Museums (ICOM) are issued for crisis and conflict regions for the protection of particularly endangered cultural property. The lists provide samples for object categories and do not show actual stolen objects. However, cultural property that has actually been stolen or is currently being searched for can be found in certain online databases, such as those of INTERPOL. If a Red List exists for the cultural property of a state or territory, its origin, according to German law, must be checked and verified with heightened due diligence when it is being actively traded in a commercial manner. So far, ICOM has published 15 Red Lists for the following countries: Afghanistan, Egypt, Nigeria, Mali, Ghana, Niger, Bukina Faso, Chad, Cameroon, Ivory Coast, Cambodia, Peru, Mexico, Guatemala, Belize, Argentina, Bolivia, El Salvador, Honduras, Nicaragua, Gautemala, Costa Rica, Panama, Chile, Brazil, Paraguay, Uruguay, Venezuela, Guyana, Suriname, China, Colombia, Dominican Republic, Haiti, Iraq, Libya, Syria.

In the law of the European Community (EC), a regulation is a normative legal act that has general and direct validity in the states of the European Union (EU). Regulations take precedence over national law.

The term replica is defined differently in research. In Classical Archaeology, ‘replica’ can be used synonymously with the word ‘copy’. Both terms are used for reproductions made in the ancient world. Several replicas may differ from the original, as well as among themselves, in details. In art history, however, a work is called a replica if – unlike a copy – it was made by the person who also created the original. The replica is considered a full-fledged object, equivalent to the original. As a second version, however, it may have differences from the former.

In international public law, restitution refers to reparation by return or compensation paid by an occupying power in response to the finding of the illegal removal of objects in a territory occupied by war. Cultural policy refers to the return of cultural property or works of art to the countries of origin.

Restoration is the name given to measures aimed at restoring damaged antiquities or works of art. Restoration goes beyond the mere conservation of a piece. If a piece is restored, additions are often marked as such. Also, traces of previous restorations are corrected. However, in the case of objects found in the market for antiquities, it also happens that the restorations are very well done and hardly recognizable. In addition to purely aesthetic aspects, the reasons for this can also be attempts to suggest a better degree of preservation in order to achieve a tendentially higher price on the market. Restorations are usually carried out at the request or at the behest of the owner or owners. Restorers are trained at eight universities in Germany. They often specialize in specific areas and/or specific materials.

‘Small disciplines’ are the teaching subjects at German universities that have few professorships and locations. Small disciplines are predominantly found in the humanities and cultural studies, but can also be located at other faculties. The various subjects in Classical and Ancient Studies such as Egyptology, Classical Archaeology or Ancient Near Eastern Studies all belong to this category. However, astronomy, astrophysics, computational linguistics or forming technology are also considered small disciplines.

The Art Loss Register is the largest private database of lost, stolen and looted art, antiquities and other cultural property. Currently, more than 700,000 objects are listed in the Art Loss Register. The paid register is used primarily by the art trade, which thereby demonstrates the fulfillment of its duty of care. If the Art Loss Register makes a negative decision in regards to a certain object, it is certified that the object in question is not being searched for by other institutions and countries of origin and that it has not been reported as stolen, etc. However, such a decision does not say anything regarding legality, as objects that were discovered, for example, during illicit excavations and illegally taken out of the country can never appear in a search register.

The name Tombarolo is derived from the Italian word tomba for grave. In Italy, the term refers to professional grave robbers, who sometimes even receive regular salaries from their clients.

Trafficking Culture is an interdisciplinary research consortium. The aim is to better understand the illegal trade in cultural property in order to develop more effective political countermeasures and reduce market demand. For this purpose, criminological and archaeological expertise is combined. The project participants want to sensitize politicians and the public to the problem of illegal trade in cultural property and inform them about possible solutions.

Tumbaga is a metal alloy of gold and copper that was used in pre-Columbian America from Colombia to southern Mexico. The mise-en-couleur process eliminates the reddish color coming from copper and makes the alloy appear golden. The effect is achieved by slightly heating and taking a bath in acidic plant juice, during which the copper is removed from the surface.

The United Nations Educational, Scientific and Cultural Organization (UNESCO) is an organization of the United Nations. It is founded in 1945 and is committed to equitable educational opportunities, the promotion of science, and the protection and preservation of humanity's cultural heritage. Since its inception, the UNESCO General Conference has adopted a total of 31 conventions concerning its areas of priority. For the protection of the cultural heritage of humanity, the Hague Convention of 1954 and the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property are adopted. Both documents are internationally important and recognized tools to prevent the destruction and looting of cultural property.

The Convention contains a detailed definition of the concept of cultural property and considers the illegal import, export and transfer of cultural property to be one of the main causes of the loss of cultural property in the countries of origin. It obliges signatories to combat these practices. Agencies in the signatory states undertake a wide range of tasks relating to the protection of cultural property, such as the development of scientific and technical facilities, the control of archaeological sites and excavations, and the import and export of cultural property, as well as educational and information policy measures.

Das UNIDROIT-Übereinkommen von 1995 unterstützt die Bestimmungen des UNESCO-Übereinkommens von 1970 und ergänzt sie durch Mindestvorschriften für die Rückgabe von Kulturgütern. Es garantiert die Einhaltung der Regeln des internationalen Privatrechts und von Verfahren, die es ermöglichen, die im UNESCO-Übereinkommen festgelegten Grundsätze anzuwenden. Beide Übereinkommen sind miteinander vereinbar und ergänzen sich gegenseitig. Von größter Bedeutung ist der Grundsatz, dass der Besitzer eines gestohlenen Kulturgutes es unter allen Umständen zurückgeben muss. Um eine Entschädigung zu erlangen, muss er zweifelsfrei nachweisen, dass er das Kulturgut in gutem Glauben und unter Erfüllung seiner Sorgfaltspflicht erworben hat.

The totality of tangible and intangible cultural property is called cultural heritage. The Hague Convention describes it as “movable and immovable property of great importance for the cultural heritage of all peoples.” According to the World Heritage Convention of 1972, natural heritage is also included in addition to architectural heritage. Intangible cultural heritage, however, has only been part of world cultural heritage since 2003.