A 'Just and Fair Solution': Creating an Environment for Resolving Nazi Era Art Restitution Claims Equitably

Maryland Journal of International Law, Vol. 31, Issue 1, p. 257, 2016

27 Pages Posted: 28 Sep 2018 Last revised: 8 Jun 2019

See all articles by Jennifer Elisa Chapman

Jennifer Elisa Chapman

University of Maryland Francis King Carey School of Law; University of Maryland - Thurgood Marshall Law Library

Date Written: 2016

Abstract

United States museums have recently been criticized for using procedural defenses to avoid litigating Nazi era art restitution claims on their facts and merits. The strongest criticism is from the World Jewish Restitution Organization (WJRO), which cited recent “aggressive litigation conduct of museums” in a 2015 report. Though this criticism may hold true in some cases, it does not take into account the complexity of resolving Nazi era art restitution claims in the United States nor does the WJRO report present well-defined, workable solutions. This article examines current approaches to Nazi era art restitution in Europe and the United States and proposes a solution modeled on European countries that effectively utilize centralized restitution committees to promote and assist in implementing alternative methods of dispute resolution.

Keywords: Art Law, Art Restitution, Nazi Era Art Restitution

Suggested Citation

Chapman, Jennifer Elisa, A 'Just and Fair Solution': Creating an Environment for Resolving Nazi Era Art Restitution Claims Equitably (2016). Maryland Journal of International Law, Vol. 31, Issue 1, p. 257, 2016, Available at SSRN: https://ssrn.com/abstract=3240745

Jennifer Elisa Chapman (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States

University of Maryland - Thurgood Marshall Law Library ( email )

501 West Fayette Street
Baltimore, MD 21201
United States

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