mk which were repatriated from Norway, are on display at Zhengjue Temple of Yuanmingyuan Ruins Park in Beijing. Photo: IC" src="https://www.globaltimes.cn/Portals/0/attachment/2024/2024-06-20/864b6e68-d0c8-4a19-a85b-f71a18191a28.jpeg" />Marble columns from Yuanmingyuan (or the Old Summer Palace), which were repatriated from Norway, are on display at Zhengjue Temple of Yuanmingyuan Ruins Park in Beijing. Photo: IC
China's National Cultural Heritage Administration (NCHA) announced on Sunday that the newly revised Law on the Protection of Cultural Relics, which took effect on Saturday, explicitly establishes China's right to reclaim cultural relics lost overseas due to theft or illicit export without any time limitations.
The administration stated that while the regulations governing relics' exit and entry remain unchanged, the revised law grants the State Council's cultural heritage department authority to define categories of relics prohibited from leaving the country. It also strengthens the responsibilities of relic entry-exit review agencies in examining and reporting illegally imported artifacts.
"This is the first time China has established a legal framework in its domestic legislation regarding the statute of limitations for reclaiming lost relics," Huo Zhengxin, a law professor at the China University of Political Science and Law, told the Global Times on Sunday. "The reaffirmation of the statute of limitations and international cooperation is crucial because in past cases, repatriated artifacts were often modern relics rather than ancient ones."
Huo noted that while international law has yet to exempt lost relics from statutes of time limitations, China's legislative move marks a pioneering step, though practical implementation remains challenging. "That's why the revised law also emphasizes international cooperation, as only through sustained partnerships, bilateral negotiations, and collective efforts can more historical relics be returned home."
The International Conference on the Protection and Return of Cultural Objects Removed from Colonial Contexts, held in Qingdao, Shandong Province in June 2024, focused on addressing the challenges of repatriating relics taken through colonial or other unjust means, beyond the scope of existing international conventions. Participants emphasized the importance of dialogue, communication, and interactive cooperation. Additionally, during the symposium, the NCHA received the Zidanku silk manuscripts transferred from the University of Chicago Library.
"This is a significant example of international cooperation in relic repatriation, aligning with the revised law," Huo said, adding that countries such as France, Germany, and Belgium have made progress in returning artifacts taken from Africa during colonial times, but there are fewer cases involving lost Asian relics. The implementation of the revised law not only fosters greater international cooperation but also underscores China's commitment to fulfilling its obligations while promoting repatriation of lost relics under international treaties, and assures there will be more cases like this in the future.
The NCHA highlighted the importance of protecting immovable cultural relics. The revised law maintains existing regulations regarding designated protection zones for cultural heritage sites while reinforcing the principle of preserving relics in their original state. New preemptive mechanisms, as construction must undergo archaeological surveys before development can proceed and no construction can take place without first investigating the archaeological significance of a site, have also been introduced to uphold a "protection-first" approach.
"Previously, even though cultural relics protection was emphasized, enforcement was not always effective. The revised law makes implementation more explicit," Liu Zheng, a member of the Chinese Society of Cultural Relics, told the Global Times on Sunday.
Liu pointed to the Yungang Grottoes public interest lawsuit released by The Supreme People's Procuratorate (SPP) on Saturday as a notable case. Located in Datong, North China's Shanxi Province, the Yungang Grottoes were designated a UNESCO World Heritage Site in 2001. However, coal mining operations in the region overlapped with the grottoes' designated protection zones, with some mining activities reportedly encroaching on underground areas, posing a threat to the site. After investigations and negotiations, authorities in April 2024 revised development plans, reducing the total coal mining area by 1.8014 square kilometers and reissuing adjusted mining permits.
Progress like this has not only taken place in Shanxi. In Dongguan, South China's Guangdong Province, a 2 billion yuan ($27.4 million) urban renewal project was halted due to the discovery of the Nanhaiwei archaeological site, according to a report from southcn.com. These cases highlight the importance of prioritizing cultural heritage protection, as outlined in the revised law.
Liu pointed out that the value of safeguarding cultural heritage is growing more apparent. Although putting projects on hold might lead to short-term economic effects, the long-term economic gains are considerable. In keeping with the law, which also highlights the revitalization of cultural relics, numerous heritage sites are incorporating tourism, giving rise to a cultural industry deeply rooted in historical importance. Viewed from a broader angle, this bears profound economic significance.