Restitution of Cultural Property in China: In Search of a New Paradigm for Cross-Border Cultural Property Claims

Abstract

The protection of cultural heritage is increasingly shifting towards favouring the return of cultural property to its people of origin. Evidence of this shift can be found in a more intentional distinction between cultural property rights on the one hand, and traditional rights in rem on the other; the strengthening of international cooperation; as well as the reconstruction of traditional doctrines. The shift can be seen in a series of changes in China's legislative and judicial developments, as well as international involvement in the resolution of cultural property disputes. The revised Cultural Relics Law of 2024 and the judicial opinions of Chinese courts indicate an attempt to ensure justice for people of origin. China's practice in global governance by promoting the restitution of protected public goods through international and institutional cooperation also deserves to be assessed. In consideration of China's role in achieving global justice for cultural property and heritage, these practices have been seen accelerating the paradigm shift, along with an innovative proposal for global solidarity, while the country is still confronting challenges as it is transitioning from that of a traditional source state to more nuanced roles in the global circulation and regulation of cultural property and heritage.