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Take the Long Way Home: The Recovery of 32 Chinese Gold Foils from France

Published online by Cambridge University Press:  03 October 2017

Hao Liu*
Affiliation:
Research Institute of Private International Law, School of International Law, China University of Political Science and Law, Beijing, China; Email: [email protected]

Abstract:

The rational and efficient recovery of Chinese archaeological objects from market nations is a crucial issue that is confronting the Chinese government. Although the 1970 UNESCO Convention was accepted in China in 1989, the destruction of Chinese archaeological sites through illicit excavations and illegal trade has increased, rather than diminished, in the nearly 30 succeeding years. For a better understanding of the challenges that confront the Chinese government, this article provides a case study approach to analyze the case of gold foils stolen from the Eastern Zhou tombs in the Dapuzishan Mountain Region of Lixian County in Gansu Province in the People’s Republic of China. The author identifies prominent issues that exist in relation to repatriation claims and offers some practical advice on the recovery of Chinese archaeological objects, which may assist the Chinese government in its decision making.

Type
Case Note
Copyright
Copyright © International Cultural Property Society 2017 

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References

BIBLIOGRAPHY

Bowman, Blythe A. 2008. “Transnational Crimes against Culture: Looting at Archaeological Sites and the “Grey” in Art Antiquities.” Journal of Contemporary Criminal Justice 24, no. 3: 225–42.CrossRefGoogle Scholar
Buchman, James. 1985. “Contract Law and the State of Nature.” Journal of Law, Economics and Organization 1, no.1: 532.Google Scholar
Collaborative Archaeological Team of the Early Qin Culture. 2008. “The Excavation of Eastern Zhou Tombs in Dapuzishan Mountain Region in Lixian County, Gansu Province.” Cultural Relics 11, no. 1: 3049 (in Chinese).Google Scholar
Collaborative Archaeological Team of the Early Qin Culture. 2010a. “2006 Excavation of a Sacrificial Site in Dapuzishan Mountain Region in Lixian County, Gansu Province.” Chinese Archaeology 10, no. 1: 4655.Google Scholar
Collaborative Archaeological Team of the Early Qin Culture. 2010b. “2006 Excavation of Eastern Zhou Tombs in Dapuzishan Mountain Region in Lixian County, Gansu Province.” Chinese Archaeology 10, no. 1: 5666.Google Scholar
Cottrell, Edward M. 2009. “Keeping the Barbarians outside the Gate: Toward a Comprehensive International Agreement Protecting Cultural Property.” Chicago Journal of International Law 9, no. 1: 627–38.Google Scholar
Crais, Clifton C., and Scully, Pamela. 2009. Sara Baartman and the Hottentot Venus: A Ghost Story and a Biography. Princeton: Princeton University Press.Google Scholar
Currie, Brainerd, and Juenger, Friedrich K.. 2001. Selected Essays on the Conflict of Laws. New York: Transnational Publishers.Google Scholar
Fox, Hazel. 2008. The Law of State Immunity. Oxford: Oxford University Press.Google Scholar
Frug, Mary Joe. 1984. “Re-Reading Contracts: A Feminist Analysis of a Contracts Casebook.” American University Law Review 34: 1065 140.Google Scholar
Garner, Bryan A. 2016. Black’s Law Dictionary, 10th rev. ed. Eagan: Thomson West.Google Scholar
Grose, Thomas K. 2006. “Stealing History.” US News and World Report 140, no. 23: 4041.Google Scholar
Gruber, Stefan. 2013. “The Fight against the Illicit Trade in Asian Cultural Artefacts: Connecting Domestic Strategies, Regional Cooperation and International Agreements.” Asian Journal of International Law 3, no. 2: 341–63.Google Scholar
Han, Wei. 1995. “Research on the Unearthed Gold Foils (ornaments) in Lixian County, Gansu Province.” Chinese Cultural Relics 6, no. 1: 411 (in Chinese).Google Scholar
Han, Zhaoqi, ed. 2010. Shiji (史记). Beijing: Zhonghua Book Company (in Chinese).Google Scholar
He, Shuzhong. 2001. “Illicit Excavation in Contemporary China.” In Trade in Illicit Antiquities: The Destruction of the World’s Archaeological Heritage, edited by Brodie, Neil, Doole, Jennifer, and Renfrew, Colin, 1924. London: Taylor & Francis.Google Scholar
Huo, Zhengxin. 2011. “Legal Issues of the Recovery of the Lost Chinese Cultural Property: From the Perspective of Comparative Law and Private International Law.” Wuhan University International Law Review 12, no. 1: 92117 (in Chinese).Google Scholar
Huo, Zhengxin. 2016. “Legal Protection of Cultural Heritage in China: A Challenge to Keep History Alive.” International Journal of Cultural Policy 22, no. 4: 474515.Google Scholar
Hutt, Sherry. 2004. “Cultural Property Law Theory.” In Legal Perspectives on Cultural Resources, edited by Richman, J. R. and Forsyth, M. P., 1736. Lanham, MD: AltaMira Press.Google Scholar
Jia, Lajiang 2011. Research on Bronze Weapons in the Early Qin Period. Beijing: Science Press (in Chinese).Google Scholar
Luo, Guoqiang. 2009. “The Restitution of Chinese Cultural Objects Lost Oversea: The Case of the Bronze Heads.” Studies in Law and Business 131, no. 3: 1927 (in Chinese).Google Scholar
Merryman, John Henry. 1986. “Two Ways of Thinking about Cultural Property.” American Journal of International Law 80, no. 4: 831–53.Google Scholar
Minow, Martha, and Spelman, Elizabeth V.. 1992. “Outlaw Women: An Essay on Thelma and Louise.” New England Law Review 26: 1281–96.Google Scholar
Prott, Lyndel V. 2009. Witnesses to History: A Compendium of Documents and Writings on the Return of Cultural Objects. Paris: United Nations Educational, Scientific, and Cultural Organization (UNESCO).Google Scholar
Pecoraro, Thomas W. 1990. “Choice of Law in Litigation to Recover National Cultural Property: Efforts at Harmonization in Private International Law.” Virginal Journal of International Law 31, no. 1: 151.Google Scholar
Qian, Sima. 1993. Annals of Qin: Records of the Grand Historian: Qin Dynasty (秦本纪), translated by Watson, Burton. New York: Columbia University Press.Google Scholar
Redmond-Cooper, Ruth. 1998. “Time Limits in Actions to Recover Stolen Art.” In the Recovery of Stolen Art: A Collection of Essays, edited by Palmer, Norman, 145–62. London: Kluwer Law International.Google Scholar
Redmond-Cooper, Ruth. 2009. “Limitation of Actions in Art and Antiquity Claims.” In Witnesses to History: A Compendium of Documents and Writings on the Return Cultural Objects, edited by Prott, Lyndel V., 318–21. Paris: UNESCO.Google Scholar
Shirk, Susan L. 1993. The Political Logic of Economic Reform in China. Berkeley: University of California Press.Google Scholar