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The International Convention on the mechanism of the return of cultural property

Author: YangXiaoXi
Tutor: SunNanShen
School: Fudan University
Course: International Law
Keywords: Cultural property 1970 UNESCO Convention 1995 UNIDORIT Convention Return
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 96
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Abstract

Cultural property is a status symbol of a country and nation, is also an important way of their culture and traditions of a country's heritage. However, for centuries, a large number of cultural property due to the war, colonial, illegal transportation route exile outside their countries of origin, gradually attracted national attention for the protection of cultural property. According to the statistics of China's Heritage Society, the Chinese cultural relics lost amazing, tens of millions, up to hundreds of thousands of pieces of fine involving dozens of countries and regions. Part were looted during the war, and the rest of a large part of the lost overseas in recent years, illegal smuggling. China's accession to or ratification of the International Convention for the return of cultural property, and relevant domestic legislation is enacted and revised according to their actual situation, for better protection of cultural property lost overseas, basically established a basic legal protection and return of cultural property framework. In recent years, with the 1970 UNESCO Convention to prohibit and prevent the illegal import and export of cultural property and the illegal transfer of its ownership and more and more countries, the international community gradually rise to cultural property where State court, and requirements of the relevant organizations or individuals will be returned to its country of origin or country litigation wave of illegal circulation of cultural property to the court of the State. Not long ago, some of our civil institutions and individuals have also traveled to the French court trying to recover the artifacts, has attracted wide attention. Both protection and return of the mechanisms under the existing international conventions, or judicial means to recover or civil spontaneous recovery of cultural property lost overseas, we have to admit, each way or manner with born with to the defect. Although the international community has been efforts to establish a protection mechanism, and the International Convention on the return of cultural property, but due to the characteristics of the International Covenant on mechanisms of the International Convention on the protection of cultural property is not very full. Therefore, the International Covenant on domestic implementation of international conventions that develop or amend domestic law to become the inevitable choice of many countries. In addition, the protection and return of cultural property related to private law, because the state as an owner, the way to recover in addition to the diplomatic channels, as well as litigation and litigation relating to the application of the law is bound. Therefore, this article not only describes and analyzes the current protection of cultural property and the return of the International Covenant on mechanisms, but also expounded the law applicable to the problem involved. The first chapter briefly describes the basic theory of protection and return of cultural property, briefly introduced the basic situation of the historical background of the protection of cultural property and the return of cultural property, and describes the theoretical basis of the protection of cultural property and the return of several major international Convention. At the same time, also elaborated on the protection of cultural property and the return of the basic legal relationship, clarify the role and position of the parties in the protection and return of cultural property. The second chapter introduces the major international conventions mechanism, respectively, from the meaning of cultural property, the scope of application of the Convention, the Convention on the return of cultural property system, cultural property, dispute resolution and Convention special regime five one by one to three The basic content of the major international conventions, which established the basic framework for the protection of cultural property return. The third chapter describes the International Convention for the return of property, the implementation of the 1970 UNESCO Convention on the major national cultural property, including the United States, Britain, Japan and Switzerland, and they involve legal issues related commentary and discussion. Chapter IV described above and discussed on the basis of a brief analysis of the problems faced by the three international conventions. Finally, the fifth chapter describes and analyzes the current domestic legislation, expounded the basic legal framework for the protection of cultural property in China, the loss of cultural property in China and cross-border recourse little suggestions.

The International Convention on the mechanism of the return of cultural property

Abstract

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