On The Pluralistic Solution Mechanism Of International Cultural Relics Disputes

With the increase of attempts by states to retrieve art objects of cultural and historical significance, the repatriation of cultural property really becomes a grave concern in the international community. In this master’s thesis, I will focus my analysis on the different forms of dispute resolution after a close study of the results of the previous research, using the methods of comparative study and combining legal theory with practice. By taking their advantages and avoiding their deficiencies, I hope my thesis can shed some light on the establishment of a diversified resolution mechanism of international disputes over cultural property.The settlement of international disputes over cultural property is a very complex legal issue.Through the case of the Elgin Marbles Dispute between Greece and Britain, this thesis discusses the different forms of resolution of international disputes over cultural property.There is antagonism between cultural nationalism and cultural internationalism on the question of whether to return the cultural properties lost overseas, which is also the theoretical source of international disputes over cultural property. There are also different forms of dispute resolution including litigation, diplomatic means, arbitration, etc. which each have distinctive features.The thesis carries out an in-depth study of the difficulties facing the litigation approach to the resolution of international disputes over cultural property, including the limitations of using present international conventions, and the series of complex legal questions, such as capacity as a subject, application of law and prescribed period for litigation, etc. in the channel of private international law.Then this thesis analyzes the advantages of diplomatic approach to the resolution of international disputes over cultural property, with an emphasis on negotiation and mediation, pointing out that the diplomatic approach is a realistic choice for us to settle disputes of this kind.Next the thesis explores the feasibility of international arbitration as a promising approach to settle international disputes over cultural property and makes some specific recommendations for it including the establishment of a specialized international arbitration institution, and the determination of its jurisdiction and its procedural rules.Then the thesis comes to China’s case. It suggests that China should first sort out its international disputes over cultural property with other states. China should also adhere to the basic principles of encouraging donating but not repurchasing, and strengthening international cooperation to promote the return of cultural properties lost overseas.The last part is the conclusion of this thesis. On the basis of improving a restitution mechanism in which state is the subject, different forms of dispute resolution must be used in a rational and efficient manner. By making a full and flexible use of alternative dispute resolution such as negotiation and mediation, and treating litigation as the last resort, a diversified resolution mechanism of international disputes over cultural property can be built.