从纳粹掠夺艺术品的返还看日掠文物返还可行性

From the Restitution of Nazi-looted Arts to the Restitution of Cultural Objects Looted by Japan during the Second World War

第二次世界大战中被掠夺或被非法转移文物的返还至今还是一个特殊的历史遗留问题。经过几十年的努力,纳粹掠夺艺术品必须返还给受害者已经成为一种国际共识,欧美各国通过缔结双边或多边协定、制定特别立法、建立专门机构以及司法救济等方式,促成许多被掠艺术品返还给原所有人或合法继承者。抗日战争是第二次世界大战的有机组成部分,日本掠夺文物与纳粹掠夺艺术品的做法如出一辙,国际社会在处理因纳粹掠夺艺术品带来的国际争端方面积累的实践和经验,对于亚洲国家处理被日掠夺文物的返还也具有较强的借鉴意义。

The restitution of cultural properties looted or transferred illegally during the Second World War has been a special problem left over by history. After decades of efforts, an international consensus has been reached that the Nazi-looted arts must be restituted to the victims. By a variety of means such as concluding bilateral or multilater- al agreements, making special legislations, setting up special agencies or making use of the judicial relief procedure, many western countries have successfully contributed to the restitution of a number of looted-arts to their original own- ers or their legal inheritors. During the War of Resistance against Japan, which was an integral part of the Second World War, the plunder of cultural objects by Japan had great similarities with the looting of arts by Nazi. Practices and experience of settlements of the international disputes caused by Nazi-looted arts may have referential significance for Asian countries to retrieve cultural objects looted by Japan.