Ill auction not illegal (2)

The hammer price of the seal was five times higher than estimated. "The higher the price, the more difficult for China to get them back," Liu Yang, a lawyer engaged in demanding the return of Chinese cultural relics lost overseas, told the Global Times.

No authoritative third party has yet verified the origin. To one expert in Yuanmingyuan studies surnamed Liu, the whole thing might be speculation. "APACE said it is from Yuanmingyuan, but I see no convincing proof. They should provide details about the lineage of the seal," he told the Global Times.

To some, the unclear origin and lineage will be the biggest "stain" on the seal and the sale might fail as a result.

Legal measures

According to Legal Mirror, APACE is discussing with French and Spanish lawyers about French laws and planning to sue Artcurial.

To Liu Yang, the appeal will be rather difficult. "The origin of the seal is not clear. APACE needs to testify to every aspect about it in preparing for the case if they really decide to sue the auction house," he told the Global Times.

It reminds him of the two bronze heads of Chinese zodiac animals that were auctioned in 2009 in Paris. "The situation is much more complicated this time," said Liu Yang. "The auction was already done." He explained the appeal in 2009 failed mainly because APACE was not either the original owner of the bronze heads or an institution related to the relic. "The problem remains this time," Liu Yang said.

But to Liu, the expert in cultural relics, it is impossible to prevent the auction of illegally exported cultural relics through legal measures. The Convention on Stolen or Illegally Exported Cultural Objects was approved in Rome in 2005, but its influence is very limited for many reasons, not the least of which is that it cannot be applied to cases occurring before that date.

"Auction houses can always go ahead with the sale, skirting around the convention," Liu said. "Besides, the owners are not the original robbers. Their auction is protected by local law. Even if the robber is alive, only the government has the right to sue, rather than non-governmental organizations."

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