The Case for Repatriating China’s Cultural Objects
Springer, 25 Şub 2016 - 179 sayfa
This book investigates China's demands for the repatriation of Chinese cultural relics 'lost' during the country's modern history. It addresses two main research questions: Can the original owners, or their rightful successors, of cultural objects looted, stolen, or illicitly exported before the adoption of the 1954 Hague Convention and the 1970 UNESCO Convention reclaim their cultural objects pursuant to remedies provided by international or national law? And what are the philosphical, ethical, and cultural considerations of identity underlying the international conventions protecting cultural objects and claims made for repatriating them? The first part of the book explores current positive legal regimes, while the second part focuses on the philosphical, ethical, and cultural considerations regarding repatriation of cultural objects. Consisting of seven chapters and an introduction, it outlines the loss of Chinese cultural relics in modern history and the normative framework for the protection of cultural heritage. It presents case studies designed to assess the possibility of seeking legal remedies for restitution under contemporary legal regimes and examines the cultural and ethical issues underpinning the international conventions protecting cultural heritage and claims for the repatriation of cultural heritage. It also discusses issues of cultural identity, the right to cultural identity and heritage, multiculturalism, the politics of recognition, cosmopolitanism, the right to cultural heritage, and other related issues. The concluding chapter answers the two research questions and offers suggestions for future research.
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2 Law and Ethics Protecting Cultural Objects
Looted Cultural Objects Case Studies
A Case Study of the Dunhuang Manuscripts
The Politics of Recognition
Diğer baskılar - Tümünü görüntüle
1899 Hague Convention 1907 Hague Convention 1970 UNESCO Convention action ancient antiquities apply argue armed conflict Article bronze heads century chattel Chinese cultural Chinese cultural relics Chinese law civil law claimant collection confiscation Confucianism countries of origin cultural heritage cultural identity cultural objects cultural property cultural relics destruction Dunhuang manuscripts English law ethical Event of Armed excavations extinctive prescription faith acquisition foreign ibid illicit international conventions issue Japan Japanese Journal jus cogens lex causae Lieber Code Limitation Act looted cultural objects loss of cultural lost cultural relics modern Chinese history norm Old Summer Palace oracle bones ownership party pillage political principles of law Protection of Cultural provides Qing dynasty regarding repatriation claims repatriation of cultural Republic of China resolutions restitution of cultural return of cultural rules Second Sino-Japanese War Stein stolen supra note Taoist Wang theft treasures unequal treaties UNESCO UNIDROIT universal museums valid title