China, cultural heritage, and international law / Hui Zhong.

Format:

Book

Author/Creator:

Zhong, Hui (Writer on law), author.

Series:

Routledge research in international law

Language:

English

Subjects (All):

Cultural property--Protection--Law and legislation--China--History.

Cultural property.

Cultural property--Protection (International law).

Customary law, International.

Cultural property--Protection--Law and legislation.

History.

China.

Genre:

History.

Physical Description:

xiii, 206 pages ; 24 cm.

Place of Publication:

New York, NY : Routledge, 2018.

Summary:

China is a country that is rich in antiquities, but it is also a victim of looting that occurred during the period from the First Opium War to the end of the Japanese Occupation (1840-1945) when innumerable cultural objects were lost overseas. The Chinese Government insists on asserting its interest over its wrongfully removed cultural heritage and has sought for the return of lost cultural heritage by all means in accordance with relevant international conventions and Chinese laws. However, securing the return has been, and continues to be, problematic. Little research has been done regarding the question as to whether China has a legal basis for recovery, which is the first legal hurdle that China needs to get over. In addition, China does not have a legal basis for all cultural heritage taken during the period of 1840-1945. Claims for return without a legal basis are usually silenced or, at best, discussed only but very rarely facilitated.This book provides an answer for the return of Chinese cultural heritage. It examines the law contemporaneous to the removal of Chinese cultural heritage and its application. For this lack of a legal basis, this book argues that a new customary international law is emerging, according to which the interests of the states of origin in their wrongfully removed heritage should be prioritised. This proposed customary rule supports the return of wrongfully removed heritage.

Contents:

Introduction

States of origin and cultural heritage

Availability of a legal basis for the return of China's cultural heritage

Customary international law

Return of cultural heritage looted during armed conflicts

Return of cultural heritage stolen and illegally exported in peacetime

Evolving social and ethical norms : practice of individuals, private museums, and auction houses

Return of historically removed heritage.

Notes:

Includes bibliographical references and index.

ISBN:

9781138093249

1138093246

OCLC:

999309058