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Art, The Holocaust and The Law

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Keagan Stiles

on 16 April 2010

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Transcript of Art, The Holocaust and The Law

Hitler was a failed art student and believed himself to be an avid art enthusiast. He had plans for creating a museum, Führermuseum, which would hold all the world's great art treasures. This is a tricky and muddy issue, which falls under many different categories of law: art law, international law, and war ime law. As well as touching upon issues in tax law, property law and insurance regulation. The looting was systematic and unprecedented. There were laws in place in Germany which allowed the government
to sieze "abandoned Jewish property" from those who fled or were
deported to concentration camps. Einsatzstab Reichsleiter Rosenberg für die Besetzten Gebiete (the ERR) was a government agency run by Hermann Göring charged with collecting art and especially confiscating Jewish owned art. London Declaration of 1943 declares art transactions involuntary. Us Military Law 59, 1947 1998 Washington conference on Holocaust Assets. Soft law. Non-binding At this time there is still no clear and binding law that covers restution either in the United States or internationally. Cases History History of the holocaust, the
art market, and the art itself plays a large role in the treatment of the law in dealing with art of
questionable origin. Andrew Orkin v. Elizabeth Taylor 552 U.S. 990 (2007) Yes, THAT Elizabeth Taylor. It is becoming more and more difficult to get works of art back without proof
that the work was confiscated directly by the Nazis and not just sold under duress. Bennigson v. Alsdorf Cal.App. 2 Dist. (2004) United States v. Portrait of Wally 663 F.Supp.2d 232 (S.D.N.Y.,2009)
Ninth Circuit Republic of Austria v. Altmann, 541 U.S. 677 (2004) American Ins. Ass'n v. Garamendi 539 U.S. 396, 123 S.Ct. 2374 (U.S.,2003) Topic: Art, The Holocaust and The Law It is estimated up to 20% of the art in Europe was stolen by the Nazi during WWII and there are still over 100,000 cultural objects missing. In addition to art looted or stolen from the Jewish population was art sold under duress. Brief Historical Context Legal History The fall of East Germany, explosion of the art market, advancements in technology and a kind of "domino effect" lead to a great increase in cases in the last ten years. Holocaust Victim Insurance Relief Act (HVIRA) (California) Numerous laws specific to each formally occupied country in Europe that address the issue of restitution. Restitution: 1. The act of restoring to the rightful owner something that has been taken away, lost, or surrendered. See synonyms at reparation. 2. The act of making good or compensating for loss, damage, or injury; indemnification. 3. A return to or restoration of a previous state or position. National Stolen Property Act “NSPA” 18 U.S.C. § 2314 (1994) Foreign Sovereign Immunities Act of 1976 (FSIA or Act), 28 U.S.C. § 1330(a) Holocaust Victims Redress Act PL 105-158, 1998 S 1564
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