Restitution of Stolen Foreign Cultural Property: Choice of Law & Justice

This article examines how choice of law rules shape outcomes in transnational disputes over stolen cultural property, between the country of origin and the good faith possessor of the property. It argues that concept of justice used in designing the choice of law rule used by the court has a deep impact on the design of the choice of law, and inconsequence, the outcome of the dispute. The article examines three choice of law rules: The traditional lex situs rule, which promote predictability but often favours possessors and ‘conflicts justice’, the most significant relationship doctrine that aims at achieving ‘substantive justice’, which may better accommodate the interests of the state of origin but introduce uncertainty and may still favour good faith possessors through forum law bias, and the Belgian lex originis rule, arguing that it offers a more balanced model that combines legal certainty with substantive justice by structurally privileging the law of the country of origin while protecting good-faith possessors. The article emphasizes that, regardless of the connecting factor used, the proving the state of origin's ownership remains a decisive issue that must not be overlooked.

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Publication Details

Journal
Chinese Journal of Transnational Law
Published
2026-01-28
DOI
https://doi.org/10.1177/2753412x261417899
Primary Topic
Archaeological Research and Protection
Type
article
Field-Weighted Citation Impact
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article

Restitution of Stolen Foreign Cultural Property: Choice of Law & Justice

Yehya Ikram Ibrahim Badr
Chinese Journal of Transnational Law
Archaeological Research and Protection
article

Restitution of Stolen Foreign Cultural Property: Choice of Law & Justice

Yehya Ikram Ibrahim Badr
article en

Abstract

This article examines how choice of law rules shape outcomes in transnational disputes over stolen cultural property, between the country of origin and the good faith possessor of the property. It argues that concept of justice used in designing the choice of law rule used by the court has a deep impact on the design of the choice of law, and inconsequence, the outcome of the dispute. The article examines three choice of law rules: The traditional lex situs rule, which promote predictability but often favours possessors and ‘conflicts justice’, the most significant relationship doctrine that aims at achieving ‘substantive justice’, which may better accommodate the interests of the state of origin but introduce uncertainty and may still favour good faith possessors through forum law bias, and the Belgian lex originis rule, arguing that it offers a more balanced model that combines legal certainty with substantive justice by structurally privileging the law of the country of origin while protecting good-faith possessors. The article emphasizes that, regardless of the connecting factor used, the proving the state of origin's ownership remains a decisive issue that must not be overlooked.

Chinese Journal of Transnational Law
Al Yamamah University (SA)
Peace, Justice and strong institutions
Openalex Percentile: Top 80%
Archaeological Research and Protection
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