3. Application of International Law in China’s Recourse of Overseas Lost Chinese Cultural Relics

Abstract

In the beginning of 2009, the news that some looted cultural relics of Old Summer Palace were put up for auction in France, and the news that some Chinese lawyers organized a group for recourse, aroused attention in the society. The Opium War of 1840-1842 began the loss of Chinese cultural relics; the Anglo-French allied forces burnt down the Old Summer Palace in 1860, and carried out unprecedented looting to the cultural relics in 40-50 palace halls in the Old Summer Palace. When the cultural relics of Old Summer Palace were looted, the subject of international law on behalf of China was the Qing Dynasty government; within more than 100 years hereafter, although the state power was repeatedly changed, China as the sovereign state stands firm in the family of nations, therefore there is not the question of state succession, but only a question of government succession. Keywords:China's recourse; Chinese cultural relics; international law; Old Summer Palace; Opium War