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The Legal Landscape Of The International Art Market After Republic Of Austria V. Altmann, Sue Choi
The Legal Landscape Of The International Art Market After Republic Of Austria V. Altmann, Sue Choi
Northwestern Journal of International Law & Business
In this note, I will show how Republic of Austria v. Altmann, while seemingly advancing the reparation of Nazi-looted art claims, undermines the stability of the international art market and the ultimate ability of future claimants to successfully recover their artwork due to inconsistent application of state and federal statutes. Part I will summarize the recent Supreme Court decision of Republic of Austria v. Altmann and its claim against a foreign country for the return of Nazi-looted art. Part II will examine what current legal protections exist to buffer the threat of litigation over Nazi-looted artwork that is on loan …
The Costs And Legal Implications Facing Implementation Of The European Union's Droit De Suite Directive In The United Kingdom, Jennifer B. Pfeffer
The Costs And Legal Implications Facing Implementation Of The European Union's Droit De Suite Directive In The United Kingdom, Jennifer B. Pfeffer
Northwestern Journal of International Law & Business
In 2001, the European Union passed a directive requiring member countries to implement a droit de suite on the resale of art. A droit de suite is a resale royalty created to benefit visual artists. The purpose of the droit de suite is to allow artists to profit off of their growing reputations; for example, a starving artist who has sold a work for a pittance may profit (or his heirs may profit) when he has risen in prominence and his work has consequently increased in value. The United Kingdom actively opposed the directive;8 it worried about the effect of …
Switzerland & The International Trade In Art & Antiquities, Michele Kunitz
Switzerland & The International Trade In Art & Antiquities, Michele Kunitz
Northwestern Journal of International Law & Business
Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …
Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe
Immunity From Seizure For Artworks On Loan To United States Museums, Rodney M. Zerbe
Northwestern Journal of International Law & Business
This Comment will first examine the text of the IFSA to determine the scope of protection available under the Act. Second, this Comment will note the Congressional purposes underlying the IFSA, as evidenced by the available legislative history. Third, this Comment will examine the scope of immunity available under the Act. Fourth, this Comment will consider the procedures and substantive criteria employed in deciding whether immunity should be granted. Finally, this Comment will question the compatability of the IFSA with the more recently enacted Foreign Sovereign Immunities Act of 1976, under which Congress transferred the authority for granting immunity to …