Work

The Relevance of ADR Processes in China's Transnational Efforts for the Return of Its Looted Cultural Property

Year: 2026

Type: article

Abstract: Alternative dispute resolution (ADR) processes can be relevant where claims span state boundaries such as Chinese repatriation claims for the return of cultural property from foreign individuals, institutions and states. This article explores China's use of ADR processes for its claims. We will learn that ADR processes can be expansive and that China uses various ADR processes, alone or in combination with other processes, including negotiation at state, institutional and individual levels, diplomacy, expert determination and has, in the past, also received the benefit of self-help mechanisms such private donations by wealthy Chinese benefactors who purchased Chinese cultural property and donated the acquisition to Chinese authorities. Underlying all these approaches is negotiation, a primacy of the ADR canon and a process China uses in varying contexts to successfully reclaim and receive its cultural property.

Source: Chinese Journal of Transnational Law

DOI: 10.1177/2753412x261427366

Author: Debbie De Girolamo

Institution: Queen Mary University of London

Language: English

Topic: International Arbitration and Investment Law

Subfield: Strategy and Management

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,400