Room 18 should be Empty: Is a permanent loan enough to resolve the Parthenon Marbles dispute?

September 19, 2025

By Vivika Gerogianni

An empty space in a museum has the power to tell a story of its own, because it is not the existence, but the lack thereof, which becomes the monument. This is the case in the Acropolis Museum in the heart of Athens, where the five Caryatid sisters are presented in such a way that a gap is left for their missing sister, who was removed from Athens by Lord Elgin in the early 19th century and kept in the British Museum ever since.^[1] For the Greeks and philhellenes, the absence of one Caryatid is a reminder of the theft of cultural patrimony during a time of oppression. The Greek state claims that British representatives illegally acquired almost half of the Parthenon marbles by taking advantage of the Greeks’ idleness caused by a 350-year Ottoman oppression.^[2] The story of the Parthenon Marbles is a global reminder that some museums are enriched only through the plundering and stealing of the cultural wealth of other nations. For the Greek people, the gaps in the Acropolis Museum are symbolic of a flawed colonial mindset which presumes that a ‘once great’ civilisation is now incapable of protecting its own cultural heritage.

In contrast to a claim for legal ownership, a long-term lease is made for a specific amount of time on the condition that the items will be returned; title does not transfer through a loan.^[3] According to the British Museum’s Loans Policy and Section 4 of the British Museum Act 1963, objects can be lent to partner museums upon terms decided in consideration of the interests of the students and the relevant risks.^[4] In the case of the Parthenon marbles, the Greek position is that accepting the objects’ return on a loan basis would amount to an indirect acceptance of the UK’s illegitimate ownership.^[5] Despite many attempts to agree on such a permanent loan, it is the Greek state which has been denying the proposals for partnership with the British Museum, with the most recent example in 2023.^[6] Greece has remained firm in its “all or nothing” approach, insisting on full recognition of a legal title rather than a compromised long-term loan, which would, in practice, reunify the marbles for a period of time.

Ever since the country won its independence in 1830, there have been consistent efforts for the marbles’ repatriation.^[7] Only four years later, in 1834, the first national legislation on antiquities was enacted, which formally protected cultural heritage and characterised antiquities as national property.^[8] A large diplomatic effort was led in 1983 by Melina Mercouri, the then Minister of Culture in Greece, who emphasised the marbles as a central element of Greek identity, but this request was rejected by the UK the next year.^[9] In July 2025, responding to claims that the British Museum President George Osbourne would agree on a permanent loan of the marbles back to Athens, the current Minister of Culture, Lina Mendoni stated that “this is the first time that [the Greek State] is optimistic about the marbles’ return.”^[10] Nonetheless, the legal arguments brought forth by Greece are still absolute, and Mendoni reminds that the current discussions for a permanent loan should not mistakenly lead one to imply that Greece will give up the fight to the legal title.^[11]

The Parthenon Marbles debate carries a clear dichotomy; coherent legal arguments on one hand, and ethical demands on the other. Britain’s argument to keep the marbles is portrayed as a legal one, with its proponents claiming that parliamentary approvals and statutory provisions protect the acquisition. On the other hand, the international scene portrays the Greek case as being founded solely on moral grounds, namely the return of cultural patrimony. For the Greek government, however, the British acquisition of the marbles is not simply immoral, but illegal.^[12] A permanent loan will not satisfy the Greek demands for the return of ancient objects that were taken away when the country was under an oppressive regime, with no formal representation.

From Athens to London’s Room 18

Created by Pericles’ instruction in the 5th century B.C., the Parthenon is a symbol of Athenian identity and is exemplary of Greece’s ‘golden’ age.^[13] After the Byzantine Empire’s collapse in 1473, Greece was under Ottoman control for nearly four centuries.^[14] Lord Elgin was appointed British Ambassador to the Ottoman Empire in Constantinople in 1799 and less than two years later, he had already commenced removing pieces from the fabric of the historical building.^[15] By 1811, this project had met no resistance and Lord Elgin’s men had successfully shipped 50 slabs, 2 half slabs and 15 metopes to Britain.^[16] In 1816, Lord Elgin attempted to sell the marbles to the British Crown for a requested 70 thousand GBP, but they were only purchased for half of this amount.^[17] The marbles were transferred as property to the trustees of the British Museum by Act of Parliament, under the condition that they would be returned once Greece gained back its independence.^[18] By 1830, Greece had officially become an independent state; yet, the marbles, to this day, remain at the British Museum in London.^[19]

Despite political and diplomatic pressure for change, the British Museum has refused to consider the illegitimacy of its legal title over the marbles. The Museum’s approach has been legalistic, hence founding its arguments on the fact that the acquisition was lawful, had gone through the necessary parliamentary process, and thus there is no legal gap to which its position can be contested.^[20] As cited by Lord Trend in his opinion of the 1963 version of the British Museum Act, the museum is to be a universal destination, hence it is assumed that it will be presenting items which exceed its own cultural boundaries.^[21]

The British Museum claims that the marbles were rescued from further destruction due to the indifference of the Ottoman rulers in preserving Greek cultural heritage.^[22] Interestingly, when Lord Elgin had first shipped the marbles to Scotland in the ‘Mentor’ ship in 1802, the ship sank next to the island of Kythera, losing most of the marbles.^[23] Moreover, Lina Mendoni argues that the pieces’ condition has deteriorated by being in the British Museum.^[24] Yet beyond the British Museum’s allegations of legality, the Greek state, along with other proponents such as the British Commission for the Return of the Parthenon Marbles (BCRPM) argues that the initial transaction was null and void on the grounds that Lord Elgin never held legitimate authority, and the Ottomans lacked the lawful power to instruct such actions to begin with.^[25]

A Legitimate Acquisition?

Following the Roman law principle of res extra commercium (a thing outside of commerce), which has been incorporated into the Greek Civil Code (GCC) in Article 966, some items, such as the marbles, are to be considered as untradeable objects, which cannot be subject to lawful transactions. Objects as such include those which are “common use and those destined for serving public municipal, communal or religious purposes.”^[26] English law, however, does not pose analogous restrictions in the tradeable subject matter. Even if domestic law does not explicitly prohibit the initiation of such a sale, international law, even in a customary sense, does. According to Article 5 of the Hague Convention of 1954, an occupying country is required to support the relevant authorities in protecting cultural heritage.^[27]Although not directly applicable, the principles reflect a broader overarching norm that an occupying power shall not alienate the cultural property belonging to another nation.^[28] The Ottoman approach to Greece’s existing cultural property at the time can be characterised as one of ‘blissful indifference, hence lacking incentivisation to protect it.^[29]

Reliance on international legal instruments, such as the 1970 UNESCO Convention, does not, in practice, strengthen Greece’s case for contesting legal title. However, it does provide a strong foundation for Greece’s moral argument, reflecting the international consensus that cultural artefacts of this kind belong in their country of origin. This encapsulates the dynamic of the case: on one hand, the United Kingdom relies on legal instruments to justify its continued possession of the marbles, while on the other, Greece has for nearly two centuries highlighted the fundamental immorality of their removal and retention.

Lord Elgin’s intervention in the Parthenon sightings starting in 1801 was backed by a firman approval; an Ottoman administrative instrument which offered Lord Elgin permission to take pieces away from Athens.^[30] The firman’s legal scope can itself be challenged, since it was not a document published by the Sultan himself, but rather a lower administrative power of the time.^[31] Even if the firman was indeed granted for the claimed activities, its legal nature is ambiguous. With only a speculative Italian translation found, the exact contents and details of the original firman are untraceable.^[32] There is no further evidence which would purport that lawful activity or legal proof of title, with no relevant contract of sale having ever been found.^[33]

Legal and Political Shields Today

The removal of the items as an act itself, under both English and Greek law, can be considered as contrary to public policy and morality (GCC Article 178). In processing Lord Elgin’s sale to the British Crown in 1816, a Select Committee inquired and ascertained that the purchase was legitimate, and then the Parliament voted on selecting the necessary funds.^[34] The marbles are now held at the Museum under the relevant Act of Parliament.^[35] In Section 5, the Act prohibits the museum from disposing of any of its collected pieces (unless they are duplicates), making it almost impossible by law to return items such as the marbles. The Act’s strict scope was further illustrated in the Attorney-General v. The Trustees of the British Museum 2005 case, where the trustees were barred from returning items in a holocaust restitution claim, despite the trustees’ moral request to do so.^[36]

Possible proposals for reforming the British Museum Act have been presented in the UK Parliament in 2002, with the Museum and Galleries Bill, and in 2016, with the Parthenon Sculptures (Return to Greece) initiatives – both of which proposals failed to become law.^[37] In 2022, while George Osbourne had intensified negotiations with the Greek representatives, the Charities Act passed. In its Section 16, the Act devolved to trustees the power to authorise ex gratia payments (returns), in the circumstances that they felt the “moral obligation” to do so.^[38] This however, is not a beacon of hope for the Marbles’ return because it is not applicable law for national museums governed by their own respective Acts, such as the British Museum.^[39] With Osbourne re-igniting discussions for possible solutions with Greece, the Charities Act could be used as a Trojan horse to pressure the Parliament further to reconsider the British Museum Act. Most recently, however, former UK PM Liz Truss, together with the right-wing group “Great British Pac,” sent a letter to current Labour PM Keir Starmer, threatening legal action over what they described as “covert negotiations” to return the marbles.^[40] This intervention was criticised by archaeologists Dan Hicks and Christos Tsirogiannis as unfounded and potentially damaging to ongoing negotiations between the two countries.^[41] If even the prospect of a long-term loan faces such domestic opposition in the UK, the likelihood of the complete reconsideration of legal title appears increasingly remote.

A proposed permanent loan will not satisfy the Greek demands for legal title, and a change in legal title can only occur through an amendment of the British Museum Act. Lina Mendoni reminds that public opinion is Greece’s ally, and the fight for legal ownership will not cease, even if a permanent loan is agreed upon.^[42] According to the Minister of Culture, all of the UK’s arguments have been rebutted: the British Museum has inflicted irreparable damage on the marbles, and the claim of superior global exposure is undermined by the record-high visitor numbers at the Acropolis Museum each year.^[43] Thus, as the heart of the debate pivots on the tension between legality and morality, a key question remains: will the law adapt to align with the widely held ethical stance?

About the Author

Vivika Gerogianni is an LLB Law and Social Anthropology student at the University of Edinburgh and Sciences Po Paris. She has a strong passion for legal research and interdisciplinary analysis, with a particular interest in the ethical issues arising in art law. She is particularly drawn to questions of cultural heritage, the impact of emerging technologies on the arts, and the protection of artists’ intellectual property in the digital age.

Select Sources:

1. Irini A. Stamatoudi, Legal and Ethical Issues: The Parthenon Marbles (1997), in Web J. of Current Legal Issues, https://www.parthenon.newmentor.net/legal.htm#legitimacy (last visited July 5, 2025). ↑
2. Ibid. ↑
3. British Museum, Loans Policy (approved Nov. 7, 2019), https://www.britishmuseum.org/sites/default/files/2019-11/British-Museum-Loans-Policy-approved-07-11-19.pdf ↑
4. Ibid. ↑
5. European Parliament, Written Question E-001456/2024 to the Commission, Return of the Parthenon Marbles (filed Apr. 5, 2024), [2024] OJ C 200 A/123. ↑
6. Jo Lawson‑Tancred, Greece Rejects British Museum Loan Deal for the Parthenon Marbles, Artnet News (July 2025), https://news.artnet.com/art-world/greece-rejects-british-museum-loan-deal-parthenon-marbles-2241261. ↑
7. Alexander Hermann & Art Law Podcast, The Parthenon Marbles Dispute (Mar. 4, 2024), https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/. ↑
8. D. Voudouri, Law and the Politics of the Past: Legal Protection of Cultural Heritage in Greece, 17 Int’l J. Cultural Prop. 547 (2010). ↑
9. UK Parliament, House of Commons Library, Lord Elgin’s Authority To Obtain the Parthenon Sculptures (Research Briefing No. SN02075, revised June 26, 2024), https://researchbriefings.files.parliament.uk/documents/SN02075/SN02075.pdf ↑
10. Lina Mendoni, Interview Lina Mendoni: “For the First Time, We Are Optimistic about the Parthenon Marbles,” Protothema (June 16, 2025), https://en.protothema.gr/2025/06/16/interview-lina-mendoni-for-the-first-time-we-are-optimistic-about-the-parthenon-marbles/ (last visited July 4, 2025). ↑
11. Ibid. ↑
12. Ibid. ↑
13. Alexander Hermann & Art Law Podcast, The Parthenon Marbles Dispute (Mar. 4, 2024), https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/. ↑
14. Irini A. Stamatoudi, Legal and Ethical Issues: The Parthenon Marbles (1997), in Web J. of Current Legal Issues, https://www.parthenon.newmentor.net/legal.htm#legitimacy (last visited July 5, 2025). ↑
15. Alexander Hermann & Art Law Podcast, The Parthenon Marbles Dispute (Mar. 4, 2024), https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/. ↑
16. Irini A. Stamatoudi, Legal and Ethical Issues: The Parthenon Marbles (1997), in Web J. of Current Legal Issues, https://www.parthenon.newmentor.net/legal.htm#legitimacy (last visited July 5, 2025). ↑
17. Ibid. ↑
18. Ibid. ↑
19. Ibid. ↑
20. Alexander Hermann & Art Law Podcast, The Parthenon Marbles Dispute (Mar. 4, 2024), https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/. ↑
21. Lord Trend, British Museum Act 1963 (Amendment) Bill [HL], at col. 406 (U.K. House of Lords, Oct. 27, 1983), in Hansard, 445 Parl Deb HL (5th ser.). ↑
22. Alexander Hermann & Art Law Podcast, The Parthenon Marbles Dispute (Mar. 4, 2024), https://artlawpodcast.com/2024/03/04/the-parthenon-marbles-dispute/. ↑
23. New Finds from the Historic Shipwreck “Mentor” (May 13, 2022), in Archaeology.Wiki, https://www.archaeology.wiki/blog/2022/05/13/new-finds-from-the-historic-shipwreck-mentor/ (last visited July 5, 2025). ↑
24. Lina Mendoni, Interview Lina Mendoni: “For the First Time, We Are Optimistic about the Parthenon Marbles,” Protothema (June 16, 2025), https://en.protothema.gr/2025/06/16/interview-lina-mendoni-for-the-first-time-we-are-optimistic-about-the-parthenon-marbles/ (last visited July 4, 2025). ↑
25. Irini A. Stamatoudi, Legal and Ethical Issues: The Parthenon Marbles (1997), in Web J. of Current Legal Issues, https://www.parthenon.newmentor.net/legal.htm#legitimacy (last visited July 5, 2025). ↑
26. Greek Civil Code art. 966 (as amended in 2024). ↑
27. Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict art. 5, May 14, 1954, 249 U.N.T.S. 240. ↑
28. Irini A. Stamatoudi, Legal and Ethical Issues: The Parthenon Marbles (1997), in Web J. of Current Legal Issues, https://www.parthenon.newmentor.net/legal.htm#legitimacy (last visited July 5, 2025). ↑
29. Ibid. ↑
30. Ibid. ↑
31. Ibid. ↑
32. Ibid. ↑
33. Ibid. ↑
34. UK Parliament, House of Commons Library, Lord Elgin’s Authority To Obtain the Parthenon Sculptures (Research Briefing No. SN02075, revised June 26, 2024), https://researchbriefings.files.parliament.uk/documents/SN02075/SN02075.pdf ↑
35. British Museum Act 1963, c. 24 (UK). ↑
36. Attorney-General v. The Trustees of the British Museum, Chancery Division Sir Andrew Morritt VC, [2005] EWHC 1089 (Ch), (2005) Ch 397. ↑
37. Institute of Art and Law, British Museum Act & the Marbles (Apr. 2024), https://ial.uk.com/british-museum-act-marbles/ (last visited July 5, 2025). ↑
38. Charities Act 2022, c. 1, § 16 (UK). ↑
39. Legal status of restitution claims under the Charities Act 2022 (June 2024), Lexology, https://www.lexology.com/library/detail.aspx?g=269a99e7-be2f-4fbe-ab80-85a249ed93f8 (last visited July 5, 2025). ↑
40. Tom McDonough, “Campaigners: Parthenon (Elgin) Marbles Sculptures Return to Greece? British Museum Under Pressure,” The Guardian (July 11, 2025), https://www.theguardian.com/culture/2025/jul/11/campaigners-parthenon-elgin-marbles-sculptures-return-greece-british-museum (last visited July 14, 2025). ↑
41. Ibid. ↑
42. Επιστρέφουν τα γλυπτά του Παρθενώνα; Τι δήλωσε ο πρόεδρος του Βρετανικού Μουσείου – Τι λέει στα «Παραπολιτικά» η Λίνα Μενδώνη (2025), in Παραπολιτικά, https://www.parapolitika.gr/ellada/article/1566896/epistrefoun-ta-glupta-tou-parthenona-ti-dilose-o-proedros-tou-vretanikou-mouseiou-ti-leei-sta-parapolitika-i-lina-mendoni/ (last visited July 3, 2025). ↑
43. Ibid. ↑