Availability of a Legal Basis for the Return of China’s Cultural Heritage

This chapter examines the law relevant to the removal of Chinese cultural heritage that occurred between 1840 and 1945. The Chapter deals with destruction and looting during times of war and belligerent occupation and focuses on the 1899 Hague Convention, the earliest instrument entitling China to claim for the return of its cultural heritage looted during armed conflicts. As the period of 1840 and 1945 covers two China's dynasties, the Qing Dynasty and the Republic of China, the chapter examines the relevant law enacted in these two dynasties respectively. After examining the relevant law, it moves on to ends the availability of a legal basis for the recovery of China's cultural heritage. This chapter then concludes that China does not have a basis for the return of all removals that occurred between 1840 and 1945, and in these cases, the customary rule may give an answer. It discusses the definition of "historically removed heritage" and its return.