How can Looted Chinese Cultural Relics be Repatriated

Written by Liu Yifei, Wang Keyi, 

Chen Yixin, Ru Shuairan, 

Jiang Luanqing

The looting of cultural relics has a long history across the world. In a broad sense, looted Chinese cultural relics refer to treasures of historical, artistic and scientific value that are originally made by Chinese or Chinese organizations but sold, trafficked or taken outside China illegally or unethically.

Currently, the types of Chinese outflow cultural relics mainly include bronzes, ceramics, jades, calligraphy and paintings, sculptures, lacquerware, and silk textiles, with their creation dates ranging from the Neolithic era to the contemporary period.

According to an incomplete survey by UNESCO, over 1.64 million registered Chinese cultural relics are housed in more than 200 museums across 47 countries. However, beyond museums, a vast number of Chinese artifacts remain in the hands of various institutions like foundations, libraries, auction houses, and private collectors worldwide. The sheer volume of these relics makes conducting a "census" for these "wanderers" particularly challenging.

The Chinese Society of Cultural Relics has noted that the actual number of lost artifacts overseas could be ten times higher than the recorded figures. It's estimated that up to 10 million artifacts have found their way to countries and regions in Europe, America, Japan, and Southeast Asia, including over a million artifacts of first and second grade national importance.

Chinese Cultural Relics in the Collections of the Four Major Museums of the UK, France, the US, and Japan -Data source/ Official websites of the respective museums

China boasts a vast and diverse collection of cultural relics, spanning a wide geographical range and lengthy historical timeline. The loss of these cultural treasures has been a historical issue of significant concern.

The history of the loss of modern and contemporary Chinese cultural relics can be broadly divided into three phases:

The first phase spanned from the mid-19th century to the early 20th century. War was the primary cause of cultural relic loss during this period, leading to significant damage and destruction of Chinese cultural heritage, with numerous artifacts being plundered and taken overseas.

The second phase extended from the 1920s up until the establishment of the People's Republic of China in 1949. This period saw rampant looting, illegal excavations, and smuggling of artifacts abroad, resulting in the loss of many treasures. Additionally, there were instances of overseas collectors acquiring cultural relics from China at low prices or even taking them for free.

The third phase began with the Reform and Opening-up in 1978 and continues to the present day. As China open up to the world, the transnational trade of cultural relics has become increasingly common. Tomb raiding and smuggling have trended towards expansion, and even become organized. Despite ongoing efforts by relevant departments to refine laws, strengthen customs supervision, and enforcement actions, the illegal outflow of cultural relics remains hard to curb effectively.

Moreover, the "Cultural Relics Export Review Standards" clearly stipulate that, cultural relics produced or made before 1949 (inclusive), deemed of certain historical, artistic, or scientific value, are generally prohibited from leaving the country. Specifically, relics made before 1911 (inclusive) are strictly forbidden from export.

Despite the clear legal framework at the national level, understanding and application of cultural heritage protection laws remain unsatisfactory among the public. In June 2023, the "10·21" major cultural relic trafficking case in Luoyang was successfully concluded, involving more than 5,000 artifacts. The vast number of relics involved was astonishing. While many Chinese people are advocating for the return of looted relics, how do we stop domestic criminals from selling precious treasures abroad?

The Long Journey Home 

for Lost Treasures

Since 1949, China has successfully facilitated the return of over 300 batches, totaling more than 150,000 cultural relics that had been looted overseas. According to data released by the State Administration of Cultural Heritage, since the 18th National Congress of the Communist Party, 32 batches comprising over 1,800 pieces (sets) of lost cultural relics and artworks have made their way back home.

To date, the pathways for the return of cultural relics can be broadly categorized into five methods: repurchase, donation, diplomatic negotiation and consultation, international law enforcement cooperation, and international civil litigation and arbitration.

1. Repurchase

A report published by Xinhua News Agency in 2015 stated that "90% of returned cultural relics relies on repurchase while negotiations are in rare cases." This highlights that amidst the complex interplay of various interests, financial means remain an indispensable "key" for the return of overseas cultural relics.

Since the founding of the People's Republic of China, the government has placed high importance on the return of lost cultural relics from abroad, repurchasing some through financial means. Between 1949 and 1955 alone, there were seven notable instances of repurchase, including the return of famous paintings such as "Thousand Miles of Rivers and Mountains" by Wang Ximeng of the Northern Song dynasty, "Night Revels of Han Xizai" by Gu Hongzhong of the Southern Tang dynasty, and "Five Oxen" by Han Huang of the Tang dynasty.

"A Thousand Li of Rivers and Mountains" 

by Wang Ximeng / Partial View

"Night Revels of Han Xizai" 

by Gu Hongzhong / Partial View

"Five Oxen" by Han Huang / Partial View

In 2002, the Ministry of Finance established the "Special Fund for the Collection of Key National Cultural Relics," further accelerating the process of repatriating national treasures.

One such repatriation success is the purchase of the "Yan Shan Ming" handscroll by Song Dynasty's Mi Fu for 29.99 million yuan, using this fund. This acquisition has been hailed as a milestone in the return of national treasures to China by the cultural relics collection community.

Song Dynasty's Mi Fu's "Yan Shan Ming" Handscroll

Beyond the support of state government, concerted efforts of private institutions, corporate museums, and other entities have also made formidable contributions to the resurgence in the return of lost cultural relics.

In 2000, the bronze heads of an ox, monkey, and tiger were auctioned in Hong Kong. He Ping, the chairman of the Poly Group, instructed to bring the national treasures back home "at all costs." Ultimately, the Poly Group rescued these three treasures of the Summer Palace - the ox, tiger, and monkey heads - for 7 million yuan, 14 million yuan, and 7.4 million yuan respectively, and now permanently houses them in the Poly Art Museum.

Bronze Heads of an Ox, Tiger, and Monkey from the Old Summer Palace

However, this commercial method of repatriation has its limitations. The vast number of Chinese cultural relics lost overseas, with only a small portion available for auction on the international art market as private collections, poses a challenge. Moreover, as the prices of these artifacts soar, making repurchase increasingly difficult. Additionally, excessive repurchasing would inflate the prices of cultural relics, leading to windfall profits for intermediaries and even encouraging the illicit reproduction of Chinese cultural artifacts, resulting in a form of secondary plundering. Hence, this approach is not without its flaws.

2. Donation

Donation represents an ideal pathway for the return of lost cultural relics. China encourages citizens, legal entities, and organizations which are not cultural relic collecting institutions to donate their collected cultural artifacts to state-owned collecting entities or lend them for exhibition and research, ensuring legal protection for such acts.

In 2003, Stanley Ho, a patriotic entrepreneur from Macau and a standing committee member of the National Committee of the Chinese People's Political Consultative Conference, donated 6 million Hong Kong dollars to repatriate the bronze pig head from the Old Summer Palace, lost overseas for 143 years, and gifted it to the Poly Art Museum.

However, the act of donating cultural relics requires not only substantial financial resources but also deep love of the homeland or Chinese cultural heritage. Given the significant value of each cultural relic, this ideal form of repatriation remains less common.

3. Diplomatic Negotiations

Direct negotiations between nations over the return of cultural relics serve as an important political method for repatriation, aiming to balance interests and facilitate the return of artifacts. With greater international engagement, an elevated global standing, and increasing international influence, China has successfully reclaimed numerous cultural relics through active exchanges and cooperation with other countries.

In April 2001, through friendly negotiations, the National Gallery of Canada decided to return a relief sculpture of a Luohan from the Longmen Grottoes to China without pay. This marked the first instance of the Chinese government facilitating the return of a significant cultural relic from an important foreign collection.

Relief Sculpture of a Luohan from the Longmen Grottoes

Nevertheless, the actual number of cultural relics reclaimed through diplomatic negotiations remains limited. The absence of a dedicated department or institution for cultural relic repatriation and the variability of negotiating parties in these cases have made this method less deployed.

4. International LawEnforcement Cooperation

After World War II, with the establishment of the United Nations and other international organizations, the decline of colonial empires, and the independence of nation-states, the initiative to "return looted cultural relics" expanded from Europe to the entire world. The pursuit of cultural relic repatriation gradually gained attention from the international community, especially from newly independent former colonial countries, leading to the passage of a series of conventions on the return of cultural artifacts.

By the late 20th century, China had joined conventions such as the "Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property" and the "Convention on Stolen or Illegally Exported Cultural Objects" organized by the International Institute for the Unification of Private Law. These affiliations marked the beginning of using a comprehensive approach to facilitate the return of cultural relics lost abroad, successfully repatriating multiple batches of artifacts. International law enforcement cooperation has become the most effective means to promote the return of cultural relics.

However, due to various shortcomings in international convention provisions, the pursuit of lost overseas cultural relics remains fraught with difficulty. First, international conventions lack retroactive power, offering no legal basis for the repatriation of relics lost before the conventions came into effect. Second, the binding force of international conventions is weak, lacking legal efficacy for countries and regions that refuse to sign. Third, international conventions are not flawless, limiting the range of cultural relics that can be repatriated. Lastly, the litigation process for repatriating cultural relics faces objective issues such as lengthy durations and high costs.

5. International Civil Litigation and Arbitration

Legal avenues are increasingly becoming a vital method for cultural relic repatriation. Although amending relevant international private laws remains a significant challenge for the international legal community, and the litigation process encounters various types of legal conflicts, there are still a considerable number of successful cases when combined with diplomacy, negotiation, and other forms of pursuit.

The lawsuit over the "Zhang Gong Patriarch" mummified Buddha is one of the most internationally followed cases of cultural relic repatriation litigation.

The "Zhang Gong Patriarch" mummified Buddha on display at the Hungarian Natural History Museum. Image source/ Xinhua Net

The "Zhang Gong Patriarch" mummified sitting Buddha vanished after being stolen in 1995, only to resurface in a Hungarian museum exhibition in March 2015. In response, the Chinese government and social organizations collaborated to initiate parallel litigation against the Dutch collector Oscar, who had acquired the statue, in both China and the Netherlands. The lawsuit spanned seven years, culminating in a first-instance judgment that Oscar, the Dutch collector, must return the mummified Buddha. However, whether the statue can return to its original home depends on the recognition and enforcement of this judgment in the Netherlands.

This case illustrates the challenges of pursuing international civil litigation and arbitration, as initiating civil lawsuits in foreign countries is inherently difficult. Plaintiffs seeking the return of cultural relics must proactively gather relevant evidence, ascertain the exact location and ownership of the artifacts, and thoroughly understand the litigation process and judicial standards of proof in the country where the artifacts are located. The entire process is often lengthy, costly and complex, posing significant challenges for NGOs and individual litigants.

6. Comprehensive Analysis of Five Methods

The Center for Judicial Civilization and Collaborative Innovation at China University of Political Science and Law conducted a statistical analysis of 49 cases of successful repatriation of cultural relics lost overseas from 1949 to 2017, using specific standards and methods. The analysis revealed that the primary methods of repatriation were "repurchase" "donation" "international law enforcement cooperation", accounting for 31%, 22%, and 35% of the cases respectively.

A chart showing the proportion of different methods used for the repatriation of lost cultural relics, data source/ DOI:10.13871/b.cnki.whuilr.2018.01.006.

It is also evident that since 2000, there has been a significant increase in "international law enforcement cooperation," with "international civil litigation" and "negotiation and consultation" experiencing varying degrees of development. This indicates that China has transitioned from relying on a single method to employing a comprehensive approach to repatriate cultural relics, with international law enforcement cooperation emerging as the most effective strategy.

Chart 2: Changes in the methods used for the repatriation of lost cultural relics, data source/ DOI:10.13871/b.cnki.whuilr.2018.01.006.

In practice, the pathways for repatriating cultural relics often involve a combination of methods, with many successful cases resulting from the parallel efforts of various approaches and collaborative efforts across multiple parties. Since 1949, the development of China's efforts in cultural relic repatriation and retrieval has seen each method exhibit distinct characteristics, offering valuable insights for future repatriation efforts.

 Call from Home

"Each wandering treasure is etched deep in the hearts of Chinese people."The quest to retrieve cultural relics lost overseas has never ceased, and efforts to combat crimes against cultural heritage have never waned.

Since the founding of the People's Republic of China, Chinese government have always prioritized curbing the loss of cultural relics and promoting their return, achieving many significant breakthroughs and successes.

Internationally, China was elected for the first time in June 2023 as the Vice-President of the States Parties to the UNESCO 1970 Convention. This marks a significant achievement in China's recent efforts to actively participate in the Convention, fulfill its duties as a member of the subsidiary committee, and engage in international cooperation to combat the illicit trafficking of cultural property and promote the return of lost cultural artifacts.

Domestically, law enforcement authorities have intensified efforts to pursue, prosecute, and recover lost cultural relics, actively promoting the work of cultural relic repatriation. The Ministry of Public Security, in collaboration with the National Cultural Heritage Administration, launched a new three-year nationwide special operation in 2022 to combat and prevent crimes against cultural heritage.

As for public engagement, the micro-drama "Escape from the British Museum" premiered on various social media platforms in the summer of 2023, bringing the issue to public attention. The anthropomorphized story of a little jade pot's escape and the creative concept of "bringing cultural relics home" touched on the long-standing societal sentiment and kindled public empathy for the loss of cultural heritage.

As President Xi Jinping once articulated, "Culture is a country and nation's soul." Cultural relics serve as pivotal testimonials to the superiority of our civilization. The pursuit of repatriating our cultural relics from overseas is akin to tracing the roots of Chinese culture, thereby forging a national consensus and enhancing our sense of national responsibility.

The era of losing cultural relics is gradually becoming a thing of the past, and the process of repatriation is underway. We must acknowledge the practical difficulties in recovering lost cultural relics from overseas and strive to improve the institutional framework for such efforts. Enhancing international exchanges and cooperation, employing a variety of strategies to facilitate the return of lost treasures, and ensuring that our efforts keep pace with the times, including leveraging technology to promote the digital repatriation and archival perfection of these lost treasures, are all crucial steps forward.

References

[1] Chen Yi. Research on the Legal Application Issues in the Retrieval of Overseas Lost Cultural Relics from China [D]. Ningbo University, 2023. DOI: 10.27256/d.cnki.gnbou.2021.001598.

[2] Huo Zhengxin. Retrieving Lost Cultural Relics Overseas: Current Situation, Challenges, and the Chinese Solution [J]. Application of Law (Judicial Cases), 2017(20): 104-110.

[3] Yu Meng. An Empirical Analysis of the Ways to Return Lost Cultural Relics from Overseas to China [J]. Wuhan University International Law Review, 2018, 2(01): 101-124. DOI: 10.13871/b.cnki.whuilr.2018.01.006.

[4]https://www.thepaper.cn/newsDetail_forward_24492991

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排版 | 林奇欣

编辑 | 林奇欣

初审 | 刘颂杰 毛万熙

复审 | 钟智锦

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