132 a b c d ART + law Law and the Identifi cation of Ivory in Tribal Art tions. These are apparently effective, since in recent decades the sperm whale population, the source of whale ivory, has been making a resurgence.4 Narwhals are protected under whaling regulations but are also the subject of laws relating specifi cally to them. In Canadian and U.S. territorial waters, narwhal hunting is restricted solely to Inuit populations and is illegal for all commercial and non-Inuit purposes. LEGISLATION For the sake of identifi cation, ivory used in tribal art objects can be defi ned as any tooth or tusk that is carved or engraved by an indigenous tribal culture for ritual and functional use, as opposed to ivory crafted for commercial sake. Authentic tribal art in ivory is generally decades if not centuries old. Much of the current legislation may seem needlessly draconian to those accustomed to dealing with antique material, but it should be borne in mind that these laws are intended to protect endangered species, and much of the contemporary crafts made from the ivory of these animals is falsely identifi ed as antique in an effort to circumvent past restrictions. International trade in ivory is complex, involving both the laws of the country from which the antique object in question is being exported and the laws of the country into which the object is being imported. The intricacy of this process makes it increasingly diffi cult to navigate all of the laws and regulations involved. The sale of antique Growing and sustained efforts by governing agencies to protect some of the world’s most endangered species, especially elephants, have resulted in increased scrutiny of the global ivory economy. Signifi cant restrictions have been placed on the international trade in ivory in recent years, and within certain countries stronger restrictions and even near-total bans are increasingly being instituted, even though, as a World Policy Institute paper compellingly argues, the underlying economics of the ivory trade are seemingly too potent for bans to be effective.1 Given the severity of this situation, the proper adjudication as to the source of ivory is absolutely essential for the success of efforts both for the safety of endangered animal populations as well as ensuring the continued appreciation of art objects created from what has long been an esteemed prestige material. The majority of the most restrictive legislation is directed toward elephant ivory, though most forms of ivory are subject to some sort of restriction. The contemporary trade in elephant ivory is directly correlated with the decline of elephant populations. A single statistic that strongly supports this alarming decline is the nearly 60% reduction in Tanzania’s elephant population in a timeframe of roughly half a decade.2 Adding to the diffi culty of enforcing sensible regulations that would both support elephant proliferation and antique indigenous artwork is the proliferation of illicit poaching, as well as the weak and lax regulatory environment of many of the nations that host the largest elephant populations.3 Other forms of ivory are also strongly regulated. At present, whales comprise one of the most widely protected species. After centuries of commercial harvesting for oil, meat, and teeth, whale populations are protected under a series of jurisdictions and international regula- By Joseph Schames and Mayer Schames, with legal contributions by Robert Paterson FIG. 1 (above): Cross section of a human molar showing component elements. - a. enamel - b. dentin - c. pulp cavity - d. cementum Adapted from Plate 8.3 in The Natural History of the Human Teeth by Joseph Fox (London, Thomas Cox, 1803). FIG. 2 (below): Cross section of a proboscidean jaw showing component elements. FIG. 3 (right): Bwami society grade fi gure. Lega, DR Congo. Early 20th century. African elephant ivory. L: 13 cm. Donated by the Wellcome Institute for the History of Medicine, 1954. British Museum, London, inv. Af1954.+23.259. © The Trustees of the British Museum.
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