The thesis analyses the case of Liuquan mummy, which marked the first repatriation trial between China and the Netherlands in history. The thesis first gives an overview on the attitudes towards...Show moreThe thesis analyses the case of Liuquan mummy, which marked the first repatriation trial between China and the Netherlands in history. The thesis first gives an overview on the attitudes towards the repatriation in the world and the history of some Chinese cultural properties in the Netherlands. Secondly, the thesis provides the historical background of Liuquan mummy because with the human remains involved in the repatriation, identification on the source community and the relationship of descendants are necessary. Meanwhile, the historical background emphasizes how the Liuquan mummy was stolen and how it ended up in the Netherlands. Moreover, the thesis also studies the different attitudes and the evidence held by both the Chinese government and the Dutch owner. The importance of the case is on the issue of ownership and Liuquan mummy enables the thesis to discuss the ownership in two directions: cultural objects and human remains. The thesis will consult both the international legal framework as well as the domestic legal framework on the issue of repatriation in order to build a theoretical perspective on the current repatriation of cultural objects especially in China and the Netherlands. In here, it introduces the related international conventions and the history in the terms of repatriation, which emphasize the role of the conventions playing in the negotiation of the repatriation. Yet, Liuquan mummy is not just about a cultural object, it also contains human remains. Therefore, the thesis uses the legal framework on the repatriation of human remains to build another theoretical perspective, which concentrates on both the indigenous human remains and the non-indigenous human remains. Furthermore, the thesis also concludes some 111 significant factors which may contribute to solve the ownership problem such as the ‘innocent acquisition system’. The three research questions of the thesis are: What are the different conflicts between the domestic recognition of legal status of ‘Liuquan Mummy’ in China and the Netherlands?; secondly, Is there any bilateral or international convention, treaty in aid of settling the dispute over ‘Liuquan Mummy’ ? and When human remains are considered as ‘heritage’ or ‘cultural objects’, what is the current state of the art regarding to human remains and their repatriations?. Besides, after the case has been brought to the Amsterdam court, there are many other new changes appear. Thus, the thesis concludes the new findings and analyses the role of these new changes to the lawsuit and the repatriation. In the end, the thesis provides some constructive suggestions to the case and the future of other similar cases.Show less
