Law Commons^™

The Night Café Redux: A Study Of Sordidness, From Arles To The U.S. Courts, Allan Gerson

Case Western Reserve Journal of International Law

[T]o shed some light on the uncertainty that continues to surround The Night Café’s rightful ownership. Unfortunately, the Second Circuit Court of Appeals’ unpublished ruling, issued on October 20, 2015, that only adds to that uncertainty.

South-South Cooperation On The Return Of Cultural Property: The Case Of South America, Alice Lopes Fabris

Case Western Reserve Journal of International Law

This article challenges the notion that “south” countries fail to protect cultural property. Instead, it demonstrates that south countries have strong policies for the return of cultural property and against trafficking. This article will first analyze the international and regional policy frameworks, as well as bilateral agreements regarding the protection of cultural property against illicit trafficking. The second part of this article examines actions taken by the South American States for the return of cultural property. Finally, this article presents case studies of cultural property restituted among South American countries.

Nazi-Looted Art: Preserving A Legacy, Alyssa R. Bickford

Case Western Reserve Journal of International Law

In the 2014 case of Meyer v. Bd. of Regents of the Univ. of Okla., victims of looting asked a court to resolve ownership of a piece of artwork that the Nazis had looted, and was sold several times, and ultimately donated to the University of Oklahoma. This case provides just one example of the issues facing claimants, museums, and courts regarding Nazi-looted art. Although this case reached a settlement, the lack of consistency and uniformity in this area of the law necessitates stronger guidelines to protect the competing interests of claimants and museums to the disputed pieces of art. …

Talking Foreign Policy: Art, Diplomacy And Accountability, Michael P. Scharf

Case Western Reserve Journal of International Law

Michael P. Scharf, Paul R. Williams, Mark Ellis, William Schabas, Shannon French, and Milena Sterio discuss art and international law topics.

Broadcast quarterly, "Talking Foreign Policy" is a one-hour radio program hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf in which experts discuss the salient foreign policy issues of the day. The broadcast on October 7, 2016, addressed international law and art.

Dealing With Laundering In The Swiss Art Market: New Legislation And Its Threat To Honest Traders, Katie L. Steiner

Case Western Reserve Journal of International Law

On January 1, 2016, new regulations took effect in Switzerland that impact the country's art market. The laws aim to close channels for laundering money and illicit antiquities within the art trade. Because the art market's opacity provides attractive conditions for launderers, Switzerland's new regulations introduce greater transparency in transactions for high-value works of art and in duty-free art-storage facilities, such as the Geneva freeport. The Geneva warehouse serves an international clientele of art collectors, who have traditionally stored works of art in the facility anonymously and indefinitely, without adverse tax consequences. The freeport provides essential services for honest collectors …