The Study Of Legal Regulation In International Circulation Of Artworks

While in the booming international artworks investment market, a lot of precious artworks of China which was shipped overseas in wartime are available to the market, the international transaction volume of artwork is increasing, the study on the legal aspects of international circulation of artworks is meaningful.Based on the legislated and judicial practice in artworks, the dissertation makes a study of legal regulation in international circulation of artworks.At the beginning, the definition of artworks should be made. Considering the nature of cultural significance of artworks, different country has different delimitation in the coverage of artworks. The antiques, cultural relics and other artworks which were restricted by law for import and export, for preservation of antiques, and for other purpose should be in this study.According to analysis of legislation in international artworks circulation of various countries and international society, Cultural Nationalism and Cultural Internationalism are the source of the legal regulations. And in the final analysis, global interests, national interest, private interest of the owner and maker of artworks, inherent interest of artworks and market interest are the most important considerations. Also, countries and international society legislate to contain artwork stealing, smuggling and illicit trade. Promoting the artwork market development is also in their consideration.From the study of domestic law of main market countries and main source countries of artwork, international law including multilateral agreements and bilateral agreements, and Chinese law in the area, I find two obvious defects in the law system. One, international treaties don’t work well enough for regulating international artwork transaction. Because international treaties don’t have retroactive effect, it cannot be used to artworks whose illegal circulation was happened before the treaties go into effect. Every country has their own interest appeal in the framing of treaty, this leads to vagueness and ambiguity of the treaty provisions and less of execution force. The other, countries have strong differences in the question who has legal title of stolen and occupied artwork. Common law countries tend to protect the original owner, while civil law countries prefer good faith purchaser. In common law countries, the original owner of stolen artwork can demand the return from the third party in the limitation period which shall be calculated from the time the owner knows where to find his artwork. As a civil law country, France gives the original owner 3 years to demand the return, and the time limit is calculated from the time the artwork is lost. Germany has the similar rule for good faith purchaser to obtain absolute and complete title of the artwork. The differences between the countries result in serious consequences of international artwork transaction, and needed to be solved.With the defects discussed above, I offer two proposals for us to move on. One is uniform substantive law. The uniform substantive rule on international circulation of artworks is one of the best methods addressing the conflict of law, which can make balance of the legal interest between original owner and good faith purchaser of stolen artwork. The other is put international treaties into practice. By means of adding reciprocity retaliation measures, which is considered the most appropriate implement mechanism in implementation and enforcement of international law, promoting executive ability of international treaties. An authoritative interpretation of international treaties shall be made to definitude export restrictions of contracting parties, actions and measures of service institutions, and other terms of convention.