Abstract
The displacement of cultural artifacts through conflict, colonization, and illicit trafficking has created profound gaps in humanity's shared heritage. This paper examines the systemic barriers to cultural property restitution and proposes a structured dispute resolution framework as the primary remedy. Drawing on the social, nonmarket, and economic values of cultural heritage, the study establishes why repatriation extends beyond legal formality into questions of identity, sovereignty, and collective memory. A review of existing international instruments, including the 1954 Hague Convention, the 1970 UNESCO Convention, and the ICPRCP, reveals persistent enforcement gaps and jurisdictional inconsistencies that impede meaningful restitution. Comparative case studies of the Parthenon Marbles dispute and Republic of Austria v. Altmann illustrate the presence or absence of structured arbitration mechanisms directly shapes outcomes. Expert interviews further validate that legal rigidity, incomplete provenance records, and insufficient cross-border cooperation remain critical obstacles. The paper recommends four policy interventions: establishing a standardized mediation and arbitration framework, strengthening ICPRCP enforcement capacity, integrating AI-driven artifact tracking, and developing practical implementation toolkits for stakeholders. Together, these measures offer a forward-looking strategy for resolving cultural property disputes equitably and efficiently.
Recommended Citation
Zhang, Yichi. (2026) "Reconstruction and Repatriation of Looted Cultural Heritage Property Ownership Mechanism." Pepperdine Policy Review: Vol. 18, Article 1. Available at: https://digitalcommons.pepperdine.edu/ppr/vol18/iss1/1
