Approaches to the recovery of Chinese cultural objects lost overseas: a case study from 1949 to 2016

Abstract

This article investigates fifty-three (53) cases regarding the recovery of Chinese cultural objects lost overseas. The study reveals a sustained development of China’s recovery approaches from 1949 to 2016. First, the cases were settled through four (4) main approaches: (I) International Law Enforcement Cooperation; (II) Transnational Civil Litigation; (III) Negotiation; and (IV) Gift and Purchase. Each approach plays its role at different times, and reflects the impacts on the recovery of cultural objects that international treaties, domestic legislation and administrative coordination have exerted. The four approaches also interact with each other in one way or another. Second, supplemented by ‘Negotiation’ (8%) and ‘Transnational Civil Litigation’ (4%), China’s recovery approaches now mainly depend on ‘Gift and Purchase’ (60%) and ‘International Law Enforcement Cooperation’ (28%). Third, China is ready to take on a multi-pronged approach in repatriating cultural objects, where ‘International Law Enforcement Cooperation’ will take on a bigger role, while ‘Gift and Purchase’ will become less predominant. Moreover, ‘Negotiation’ and ‘Transnational Civil Litigation’ may be a tipping point in the future development of recovery approaches.

Keywords:

• Cultural objects
• recovery
• China

Acknowledgments

I would like to thank Marc-André Renold, Zhengxin Huo, Nare G. Aleksanyan, Alessandro Chechi, Ece Velioglu Yildizci, for their comments on earlier drafts of the paper.

Notes

1. In 2002, the State Administration of Cultural Heritage co-launched the ‘National Special Fund for Collecting Treasured Cultural Relics’, a project aiming to repatriate treasured cultural objects lost overseas. Though a certain number of objects have been recovered through this project, they are not included in this paper since most records are kept confidential.

2. Such international instruments include the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict (The Hague, 14 May 1954); the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (Paris, 14 November 1970); the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Object (Rome, 24 June 1995).

3. See Article 2, Law of the People’s Republic of China on Protection of Cultural Relics. (Order No. 11 of the Standing Committee of the National People’s Congress, effective as of 19 November 1982, amended in 1991, 2002, 2007, 2013, 2015).

4. Specifically, the fossils of paleovertebrates and paleoanthropoids refer to ‘fossil hominins, fossils of paleoanthropoids and human activities-related paleovertebrates in the Quaternary’. See Article 2, Measures for Protection and Administration of Fossils of Paleoanthropoids and Paleovertebrates. (Order No. 38 of the PRC Ministry of Culture, effective as of 7 August 2006).

5. See Article 3, Measures for the Management of Fossils. (Order No. 13 of Ministry of Land and Resources, effective as of 1 October 2002).

6. A distinction between the notions of ‘return’ and ‘restitution’ is illustrated in the Guidelines for the Use of the ‘Standard from Concerning Request for Return or Restitution (see ICPRCP 1986, 11).

7. For the purposes of this discussion, I adopt the terminology ‘requested party’ from the Second Protocol to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict 1999 (The Hague, 26 March 1999), to describe the party from which a requesting party seeks restitution.

8. See ‘G20 Chronology of Events on Korean Royal Uigwe Books in France’, Available from: http://english.yonhapnews.co.kr/national/2010/11/12/64/0301000000AEN20101112012800315F.HTML [Accessed 16 February 2017]. See also the Décret n°2011-527 du 16 mai 2011 portant publication de l’accord entre le Gouvernement de la République française et le Gouvernement de la République de Corée relatif aux manuscrits royaux de la Dynastie Joseon [Agreement between the Government of the French Republic and the Government of the Republic of Korea on the royal manuscripts of the Joseon Dynasty, Decree No. 2011-527 of 16 May 2011]. Available from: https://www.legifrance.gouv.fr/eli/decret/2011/5/16/MAEJ1111118D/jo [Accessed 26 March 2017].

9. See Rare Books Return to China. Available from: http://english.cguardian.com/mediaC/2013-12-13/331.html [Accessed 16 February 2017].

10. See Weng Tonghe’s Diary Settles in New Home at Shanghai Library. Available from: http://www.library.sh.cn/Web/news/20151222/n73152529.html [Accessed 16 February 2017].

11. See Recent Examples of Successful Operations of Cultural Property Restitutions in the World. Available from: http://portal.unesco.org/culture/en/ev.php-URL_ID=36505&URL_DO=DO_TOPIC&URL_SECTION=201.html [Accessed 16 February 2017].

12. See Retrieved from Abroad, Tang Relics Set for Display. Available from: http://www.chinadaily.com.cn/china/2011-05/24/content_12570836.htm [Accessed 16 February 2017].

13. See Après Avoir Aéduit Chirac, Un Trésor ‘Volé’ Rentre en Chine. Available from: http://www.lepoint.fr/culture/apres-avoir-seduit-chirac-un-tresor-vole-rentre-en-chine-22-07-2015-1950621_3.php [Accessed 16 February 2017].

14. In the 1950s, under Premier Zhou Enlai’s instructions, the Ministry of Culture acquired from overseas a number of most treasured works, including the Mid-Autumn Letter (Zhongqiu Tie) by Wang Xianzhi (344–386 AD) and the Letter to Boyuan (Boyuan Tie) by Wang Xun (350–401 AD) (see State Administration of Cultural Heritage 2002, 50).

15. The nineteen (19) countries are Peru, Italy, India, Philippines, Greece, Chile, Cyprus, Venezuela, United States, Turkey, Ethiopia, Australia, Egypt, Mongolia, Mexico, Colombia, Nigeria, Switzerland and Cambodia.

16. See the Accord du 16 août 2013 entre le Conseil fédéral de la Confédération suisse et le Gouvernement de la République populaire de Chine concernant l’importation et l’exportation illicites et le rapatriement de biens culturels [Agreement of 16 August 2013 between the Federal Council of the Swiss Confederation and the Government of the People’s Republic of China concerning the Illicit Import and Export and Repatriation of Cultural Property]. The original text (French version) is available from: https://www.admin.ch/opc/fr/classified-compilation/20130999/index.html [Accessed 26 March 2017].

17. See Allocution de Mme Xu Jinghu, Ambassadeur de Chine en Suisse, à la Cérémonie de Restitution d'un Objet Antique Chinois Organisée par l'Office Fédéral de la Culture. Available from: http://ch.china-embassy.org/fra/sghd/t1220299.htm [Accessed 16 February 2017].

18. See the Memorandum of Understanding between the People’s Republic of China and the Department of the Environment, Water, Heritage and the Arts of Australia on the Protection of Cultural Property (30 October 2009). The original text (Chinese version) is available from: http://ggfg.policy.mofcom.gov.cn/pact/pactContent.shtml?id=2313 [Accessed 26 March 2017].

19. See Culturally Significant Chinese Statue Returns Home. Available from: https://www.attorneygeneral.gov.au/Mediareleases/Pages/2015/FirstQuarter/5-March-2015-Culturally-significant-Chinese-statue-returns-home.aspx [Accessed 16 February 2017].

20. See The U.S. Government Returns Ancient Cultural Artifacts and Fossil to China. Available from: http://www.china-embassy.org/eng/zmgxss/t1325117.htm [Accessed 16 February 2017].

21. See the Memorandum of Understanding Between the Government of the United States of America and the Government of the People’s Republic of China Concerning the Imposition of Import Restrictions on Categories of Archeological Materials from the Paleolithic Period through the Tang Dynasty and Monumental Sculpture and Wall Art at Least 250 Years Old (14 January 2009, extended on 14 January 2014). The original texts (English version) are available from: https://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/china [Accessed 26 March 2017].

22. See Article 34, Regulation on the Protection of Fossils (Order No. 580 of the State Council of the People’s Republic of China, effective as of 1 January 2011); Article 47, Measures for the Implementation of the Regulation on the Protection of Fossils (Order No. 64 of Ministry of Land and Resources, effective as of 1 March 2013, amended in 2015, 2016).

23. See Article 69, The Revised Draft of Law of the People’s Republic of China on Protection of Cultural Relics (State Council Legislative Affairs Office of P.R. China 2015).

24. See The Return of Cultural Relics in China. Available from: http://www.lifeweek.com.cn/2009/1221/26966.shtml [Accessed 16 February 2017].

25. See Survey on Moveable Cultural Relics Registers 45 Million Pieces. Available from: http://news.xinhuanet.com/english/2015-03/02/c_134031079.htm [Accessed 16 February 2017].

26. See Article 14, The Revised Draft of Law of the People’s Republic of China on Protection of Cultural Relics (State Council Legislative Affairs Office of P.R. China 2015).

27. See Lawsuit to Repatriate Chinese Buddhist Mummy Starts in the Netherlands. Available from: http://news.xinhuanet.com/english/2016-06/15/c_135439867.htm [Accessed 16 February 2017].

28. Under China’s Property Law and Law on Protection of Cultural Relics, cultural property ownership, like other property ownership, covers state ownership, collective ownership, and private ownership. See Article 51, Property Law of the People’s Republic of China; Article 5 and Article 6, Law of the People’s Republic of China on Protection of Cultural Relics.

29. See French Collectors Hand Back Gold to China They Had Given to Musée Guimet. Available from: http://theartnewspaper.com/news/news/france-china-restitution-exercise-backfires/ [Accessed 16 February 2017].

30. This policy includes an exemption from import tariff, VAT and exercise taxes. See Article 2, Interim Regulation for Objects Imported by State-owned Charitable Collection Institutions (Order No. 2, 2009 of Ministry of Finance, General Administration of Customs and State Administration of Taxation, effective as of 20 January 2009).

31. See Macau Casino Mogul Buys Stolen Relic. Available from: http://www.washingtonpost.com/wp-yn/content/article/2007/09/21/AR2007092101282.html [Accessed 16 February 2017].

32. See Not to Buy Stolen Relics at Paris Auction. Available from: http://www.chinadaily.com.cn/world/2009-01/23/content_7425938.htm [Accessed 16 February 2017].

33. See the Notice of the SACH on Stolen or Illegally Exported Cultural Relics, issued by China’s State Administration of Cultural Heritage in November 2008.

34. See Drive to Halt Sales of Precious Relics. Available from: http://europe.chinadaily.com.cn/epaper/2016-11/18/content_27414620.htm [Accessed 16 February 2017].

35. It is not impossible that the British dealers, or ‘suspected smugglers’ as they are often called in Chinese documents, were indeed involved in illegal trafficking, and then got away with it, when the British prosecutors dropped the case on the ground that transaction had not taken place in mainland Britain (See Cao 2009, 147; Maggio 1998b). See also Meng Yu, Ece Velioglu Yildizci, Marc-André Renold, 2017, ‘3000 Archeological Objects - China and Two British Dealers’ Platform ArThemis (http://unige.ch/art-adr), Art-Law Centre, University of Geneva.

36. See United States v. One Tenth Century Marble Wall Panel Sculpture of a Guardian From The Tomb of Wang Chuzi Located at Christies, 20 Rockefeller 2 Plaza, New York, NY, 00 Civ. 2356 (AKH).

37. Cultural Property Implementation Act (CPIA), Title 19, United States Code, Sections 2601-9.