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Construction of the Legal on Culture Property International Protection and Recourse

Author: YangWenTao
Tutor: WeiJingJian
School: Jilin University
Course: International Law
Keywords: Cultural property Armed conflict Peacetime Protection Recourse
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 101
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Abstract

The first part of this article a brief definition of cultural property, range, will be the subject of cultural property is parsed into two attributes: the \significance. Protection analysis, during the war destroyed as well as in times of peace, theft and illegal excavations illegal migration, are of cultural property in need of protection, the protection of cultural property in different ways for a variety of different damage. For a period of armed conflict on the destruction and looting of major to complete the regulation through the field of public international law of armed conflict and international humanitarian protection; through the field of public international law and private international law to protect the excavation of cultural property in peacetime and unlawful transfers. Different periods of the different types of cultural property protection system. The second part of the focus of analysis than maximum destruction of cultural property in times of armed conflict in the protection of cultural property in times of armed conflict, war destruction of their produce, some accidental, some are malicious. Nevertheless, the protection of cultural property still can not relax our vigilance to laissez-faire war as an excuse for not accidental destruction of cultural property. Based on past experience, the international community began to gradually join in the treaty of armed conflict to the terms of the protection of cultural property, and then developed a specialized international treaties, this article mainly analyzes the 1954 Convention on the Protection of Cultural Property in the Event of Armed Conflict the Hague Convention (1954), the 1954 Hague Convention on the scope of the protection of cultural property in times of armed conflict is the most widely used is the most important international conventions, more perfect sporadic cultural property protection treaties in the legal system of the Convention, compared to the previous armed conflict for the definition of cultural property, the obligation to protect party definition have a more comprehensive specification, as the article said, the 1954 Hague Convention is not an anti-war Convention, but a specification of the conventions of war, it is more rational to treat the relationship between war and cultural property, the legal framework for the protection of cultural property in times of armed conflict. The third and fourth part of the article is mainly about the protection of cultural property in peacetime, since in times of peace, for the destruction of cultural property primarily for its \turn and so on, the main principles for such damage by mere prohibition of wartime into prohibition and initiative, wartime avoid destruction transformed into peacetime to avoid damage and initiative recourse. Active recourse Chapter mainly from the field of public international law to study, to avoid the destruction of the International Convention of UNESCO in 1970, mainly on the measures taken and to prevent the illegal importation of cultural property and the illegal transfer of its ownership Convention; International Convention on the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Convention mainly because it involves recourse problem, the Convention necessarily involve the participation of the national private law level, on the introduction of the fourth part in the 1995 National UNIDROIT \But under public law regulation need private law implementation, due to the diversification of the national legal system, cultural property recourse always there flaws, Part IV also put forward the idea of ??cultural property claims arbitration institution building, and analyze the realization of this vision conditions and background to make the wait. Chapter main content analysis is based on the situation of our country since ancient times, China five thousand years of civilization, the world is full of mysterious temptation Opium War of the 1820s knocked on the door to China, with the of from war to China's cultural property brought great disaster; war ended, followed by a variety of cultural property crime, theft, excavation, smuggling and so more and more serious problem, causing China the passage of a large number of cultural property. So how recourse against the loss of cultural property, has become the most important issues of the moment. The fifth part of the international multilateral, unilateral cooperation, domestic legislation, relevant policies and civil aspects of analysis of China's cultural property protection system build issues and make recommendations to improve China's cultural property protection regime.

Construction of the Legal on Culture Property International Protection and Recourse

Abstract

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