On The Arbitration Of International Disputes Over The Return Of Cultural Property

Cultural property is a kind of cultural carrier with important cultural value and economic value.The war plunder in history,theft,smuggling and other illegal activities in peacetime have led to the loss of a large number of cultural property from the country of origin to a foreign country.The return of cultural property has become a difficult problem faced by the country of origin of cultural property,and also an international issue of great concern.At present,there are many ways to promote the return of cultural property lost overseas.Through the analysis,it is found that each way has its own inherent defects,which can not completely and effectively solve the international disputes on the return of cultural property.Internationally,arbitration has been proposed and successfully solved the international disputes over the return of cultural property.As the country of origin of cultural property,China should also try to apply this method to promote the return of lost overseas cultural property.First of all,this paper expounds the history and current situation of international disputes on the return of cultural property,compares and analyzes the advantages and disadvantages of various ways of return of cultural property,and points out the importance and advantages of arbitration in solving international disputes on the return of cultural property.At the same time,through the introduction of the background of international arbitration and successful cases in international practice,this paper demonstrates the rationality and feasibility of using arbitration to solve international disputes over the return of cultural property,and further reveals that arbitration is irreplaceable.Secondly,it is worth discussing whether and how to establish a special arbitration institution for the return of cultural property when settling relevant disputes by arbitration.Scholars at home and abroad also hold different opinions on this issue.Finally,based on the reasonable assumption of the specific design of the special arbitration institution for the return of cultural property,taking China as the country of origin of cultural property,this paper puts forward countermeasures for the existing problems in China on the one hand,and points out that China should actively participate in the construction of the special arbitration institution for cultural property on the other hand.