Civil Litigation Mechanism for the Return of Stolen Artifacts from the US: An Example of Taizong Horses

Abstract

A large number of ancient artifacts were stolen, plundered, and displaced abroad due to aggressions and wars in the early 1900s, and the US is one of the largest recipients of stolen artifacts from around the world. In past practices, negotiation and purchasing have been the main means to recover these lost artifacts. This article argues that legal means, especially the civil litigation approach, can play a unique role in recovery. Through analyzing original ownership, bona fide acquisition, and the statute of limitations in domestic law, the passage demonstrates the feasibility and effectiveness of litigation for the return of artifacts in the US. This paper also analyzes the civil litigation mechanism for the recovery of international stolen cultural property under the American legal system by taking the Chinese cultural relic Taizong Horse exhibited in the Museum of the University of Pennsylvania as an example and proves that civil litigation for the recovery of international cultural relics is completely feasible.