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Stolen Art And Sovereign Immunity: The Case Of Altmann V. Austria, Michael D. Murray
Stolen Art And Sovereign Immunity: The Case Of Altmann V. Austria, Michael D. Murray
Law Faculty Scholarly Articles
Part I of this Article will briefly recount the principal facts of Altmann v. Republic ofAustria. Parts II through IV will then address the principal arguments that Austria has raised against the application of the Foreign Sovereign Immunities Act, namely: 1. That the FSIA would have an impermissible retroactive effect if it were to be applied to Altmann's claims arising from operative facts that occurred before both the effective date of the FSIA and the 1952 Tate Letter; 2. That the conduct of the Nazi regime and its agencies and instrumentalities in World War II, including Austria, in no way …
Jurisdiction Under The Foreign Sovereign Immunities Act For Nazi War Crimes Of Plunder And Expropriation, Michael D. Murray
Jurisdiction Under The Foreign Sovereign Immunities Act For Nazi War Crimes Of Plunder And Expropriation, Michael D. Murray
Law Faculty Scholarly Articles
This article addresses each of these issues regarding the application of jurisdiction under the FSIA to World War II and other pre-1952 war crimes, including claims involving expropriation and plunder of personal property, and concludes that none of these issues prevents the exercise of jurisdiction under the FSIA for resolution of these claims in United States courts. Part II discusses the history of the doctrine of sovereign immunity in the United States prior to the enactment of the FSIA, with particular reference to the development of the restrictive theory of sovereign immunity. Part III discusses the structure and purpose of …