Legal Issues Concerning Of The Recovery Of Lost Cultural Relics

This is a complicated question about the recovery of cultural relics. The thesis consists five chapters. Chapter One introduces the common questions of the recovery of cultural relics. Cultural internationalism and cultural nationalism are two opposing theories concerning the recovery of lost cultural relics. There are different rules in the common law countries and the continental law countries on the system of acquisition in good faith. Chapter two introduces legal basis of the recovery of cultural relics. International custom about the recovery of cultural relics doesn't exist in modern society at present. We need to find legal basis in multilateral international conventions. There are three conventions on the recovery of cultural relics, including 1954 Hague Convention, 1970 UNESCO Convention and 1995 UNIDROIT Convention. Chapter three introduces transnational civil procedure. Proper subject of litigation should have direct interest with the lost relics and the court should have jurisdiction in relic's cases. Once the above conventions couldn't apply to relics'cases, court should look for proper domestic law by rules of application governing conflicting administrative law norms. Chapter four introduces international arbitration of disputes over lost relics. We should set up a specialized international arbitral body and such arbitrational system will play an important part in resolving disputes. Chapter five introduces the recovery of lost cultural relics in China. China should make full use of current conventions and strength international cooperation. Meanwhile, China should improve domestic legislation and set up country mechanism to recover lost cultural relics.