Study On The Settlement Of Law Conflicts On International Disputes Of Cultural Property

Cultural property is a special kind of human property. They usually are those historic and cultural legacies with great historic, scientific, and artistic values, which are created and passed from generation to generation during civilization developments of human beings. The cultural value is a significant nature of cultural property, because it essentially represents achievements, greatness and faith of a nation, with its function of expressing part of its feelings. Therefore, pursuing the ownership of cultural property is significant to a country and a nation.Due to disasters like invasions, lootings, and smugglings, however, numerous national treasures are missing, in China and other parts of the world. In light of this fact, pursuing the ownership of cultural property has marked importance. It should be noted that, because of differences in laws and legislations in regions, conflicts in every aspect occurs, solving which is considered to be the prerequisite for the legal processes of property ownership. In order to gain fixed grounds on international disputes over cultural property, tackling law conflicts among nations is given the first way. This work analyzed the main law conflicts existing in these disputes and outlined international laws and laws in some nations. Options and proposals on the basis of laws, in regard to the role of China in these disputes, were concluded as well.The layout of this work has a preface, a conclusion, and the following three parts:1. The Analysis on behaviors of law conflicts in international disputes over ownership of cultural property. On one hand, the law conflicts in these disputes were analyzed. On the other hand, from a comparative perspective, the law systems of both mainland China and US and UK were analyzed, which concentrated on their differences in ownership rights referring to these disputes. In conclusion, tactics for the above two law systems were compared. 2. Studies on current mechanisms to solve the law conflicts. Treaties such as UNESCO Convention in 1970 and UNIDROIT Convention in 1995 were both studied. Moreover, the legislations of nations as sources and holders as well of cultural property were studied. In this work, two countries were studied. The holder of cultural property is USA, and the source is Italy.3. Studies on practical options for China in law conflicts. Difficulty, complexity of China with missed cultural property and significance of pursuing them were at first studied. In addition, this work gave valuable ideas for selection of law, protection of ownership and the law conflict over time, after a selective anslysis.