The Confuciusornis Sanctus: An Examination of Chinese Cultural Property Law and Policy in Action

Abstract

This Article highlights the issues surrounding the international movement of cultural property by examining them in the context of fossil smuggling from China. The story of the Confuciusornis sanctus and a Chinese case concerning stolen fossilized dinosaur eggs serve as case studies for examination of the issues raised by the movement of cultural property between source states and market states. These cases also make vivid the deficiencies in the Chinese legal regime which is designed to protect and retain fossils in China. The Article concludes that the laws now in place are not adequate and that increased emphasis on non-legal measures to proted fossils would be more effective.