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Research on Legal Issues on the Transnational Recourse to the Loss of Cultural Relics

Author: WangLiLi
Tutor: GuHaiBo
School: Northeastern University
Course: International Law
Keywords: Loss of cultural relics Transnational recourse Legal counter measures
CLC: D922.16
Type: Master's thesis
Year: 2012
Downloads: 1
Quote: 0
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Abstract


The loss of heritage is both a historical problem and a serious practical problem.China, as one of the four ancient civilizations,due to inadequate protection of cultural relics and war and other reasons,resulting in a large number of cultural relics lost overseas.However, due to time and space limit the scope of the Convention applies and relics be returned subject to the provisions of domestic law,recourse to cultural relics lost overseas there are still legal barriers.Therefore,to make full and effective use of the favorable part of China in the international conventions,actively guide the formation of new international rules,take a variety of ways and means to achieve the return of lost cultural relics.This article main body is divided into three parts:The first part provides an overview of the loss of cultural relics,and brief recourse to the loss of heritage significance and theoretical disputes the ownership of the loss of cultural relics;The main contents of second part are the China’s legal basis recourse to the loss of heritage and the legal issues,Including China’s domestic law and its limitations,describes the three major international conventions for the protection of cultural relics and recourse and legal practice recourse to the loss of heritage in domestic and international;The third section presents a few suggestions on China’s loss of heritage recourse from the two levels of international and domestic law.In short,on the basis of explore the recourse to cultural objects of domestic and international legal environment, should first improve the domestic heritage conservation legislation and enforcement mechanisms and take advantage of the international Convention for the loss of cultural relics recourse, negotiation,consultation, cooperation to achieve the loss of cultural relics be returned,in order to explorea viable model in China’s recourse to the loss of heritage.

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