Yanru Chen (PhD Candidate)
International Journal of Cultural Policy
Published online: August 2025
Abstract: The landscape of cross-border restitution claims is shifting from state-centric approaches towards a greater focus on the rights and concerns of non-state actors, highlighting the critical importance of the human rights dimension in cultural objects that manifest the identity of a specific community. Human rights discourses encompass the right of participation and self-determination, as well as cultural heritage rights framed by cultural heritage instruments. These discourses play a key role in bridging the gaps within the current international legal framework, thereby promoting fair and just solutions to preserve and protect cultural objects. Despite ongoing debates around cultural internationalism versus cultural nationalism, the identification of rightful holders, conflicts of rights, alternative dispute resolution, and human rights courts may serve as effective forums to reinforce the impact of human rights in claims about the restitution of cultural objects. These forums can strengthen the enforcement of human rights principles in restitution claims, fostering solutions that respect the cultural and historical significance of disputed objects.
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