Nationalism versus Internationalism in International Law in the Field of Cultural Relics Recovery

Abstract

Cultural relics are indispensable in preserving the unity and identity of nations due to their significant historical, literary, and artistic value. The challenge of recovering lost cultural relics has been a persistent issue not only for China but also for other civilizations with rich heritages. Despite the widespread attention this issue has garnered within the international community, the field of international economic law still lacks a definitive legal instrument that outlines clear measures for the repatriation of cultural objects. This absence of a legal framework has prevented international organizations from reaching a consensus on the conditions under which cultural artifacts should be returned. This paper focuses on the 1995 Rome Convention as the study object to apply comparative and normative research methods in examining the influences of nationalism and internationalism on the restitution of cultural relics. It analyzes the impacts of these two advocates on international law legislation and judiciary process. Based on this, the paper aims to offer recommendations on the stance that international law should adopt concerning the recovery of cultural heritage, thereby contributing to the development of a more coherent and effective legal framework in this domain.