Reconciling individual and group justice with the need for repose in Nazi-looted art disputes: creation of an international tribunal

Thème de la ressource: 
Législation - International
Objets volés ou en danger
Litiges, retours et restitutions
Type de ressource: 
Bibliographie - Articles
KREDER Jennifer
Brooklyn Law Review
Pages / Longueur: 
62 p.
Langue de publication: 

Nazi-looted art has been the subject of much recent litigation and many news reports. Given both the vast magnitude of unrestituted Nazi-looted art and the revival of research into newly opened World War II-era governmental archives, the rise in interest in Nazi-looted art is not surprising even though sixty years have passed since the end of the war. Most legal academic literature on the subject focuses on statute of limitations issues, concludes that the statute of limitations would be an insurmountable hurdle in many cases, and either advocates in favor of tolling the limitations period or encourages voluntary submission to alternate dispute resolution for Solomonic decree. This Article proposes that the  most just and effective solution would be to create an international tribunal with compulsory jurisdiction to resolve all such disputes and clear title to artwork. This Article proposes criteria to reconcile the tension between (1) the desire to restitute art to deserving claimants who likely could overcome traditional legal hurdles without forcing them to incur the agony and expense of U.S. litigation; (2) the desire to provide justice to those claimants who could not launch successful litigation but who seem to have valid claims nonetheless; and (3) the need of museums, galleries, auction houses, and individual bona fide purchasers of art for repose.