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Restitution of cultural property by the People’s Republic of China on the example of the recovery of the brown heads of animals from Yuanming Yuan
Restitution of cultural goods is a very complicated issue in practice, encountering many problems on its way. Most international conventions, including the 1970 UNESCO Convention and the 1995 UNIDROIT Convention, provide for non-retroactivity of their provisions and a limited time to bring claims for reimbursement. Another problem is the still low number of ratifications of both conventions, especially the one from 1995. Also, the national legislation of many countries still does not contain regulations in this area and appropriate restitution instruments.
Once the Chinese government realized the value of its cultural heritage treasures as a source of national and political identity, it began the process of restoring looted cultural assets. This is not an easy task, because a large part of the objects was stolen a long time ago, which directly prevents the application of international legal regimes resulting from conventions on the return of stolen or illegally exported goods.
The case of bronze statues from the Yuanming Yuan shows another way to recover looted cultural goods. It is based primarily on the national identity of Chinese society, which treats looted artifacts as an important element of their history and culture. Thanks to private collectors and entrepreneurs who had bought such objects and then donated them to Chinese museums and institutions, it was possible to regain many of the lost cultural goods.
The aim of article is to provide a general overview of the People’s Republic of China’s restitution policy, its methods and effects, using the example of the recovery of Chinese bronze heads stolen from Yuanming Yuan.