Contested cultural objects: property or heritage?

Modern and Contemporary Studie

Nazi-looted Art: A Note in Favour of Clear Standards and Neutral Procedures

This paper underlines the importance of uniform principles and transparent procedures for Holocaust-related art claims. Over the last twenty years ethical standards which support restitution of artefacts looted in the past have gained ground. However, positive law is often not in line with these ethical standards. In fact, domestic legal systems differ widely. As a consequence, parties looking for 'just' answers to their disputes will often find themselves in a legal labyrinth with uncertain outcomes. In some European countries advisory committees were installed for Holocaust-related claims, each with their own approach but often with a limited mandate. A new development is that an increasing number of cases – also regarding European museum property – are brought before American courts. Taking account of this institutional vacuum (because no neutral forum is in place that can clarify or apply soft-law norms that reflect present-day morality) this paper argues in favour of a transnational approach in finding 'fair and just' solutions and the setting up of a European claims procedure.Exploring the Frontiers of International La

Cross-border title claims to cultural objects: property or heritage?

Cultural objects have a protected status on account of their intangible value, as symbols of an identity. This has been so since the early days of international law, and today there is an extensive legal framework that ensures this protection.Yet, when it comes to claims by former owners to items such as Nazi looted art, colonial booty, or more recently looted antiquities, the situation is less straightforward. On the one hand, such claims are often not supported by positive law at all. On the other hand, non-binding regulations urge present possessors to find `just' solutions to claims – not as a legal obligation but as a matter of morality. This raises a fundamental question: if we believe that the application of the law leads to injustice, is it not time to change the law or the way it is applied?This study explores how cross-border claims to cultural objects fit in the wider legal framework, and where blind spots or clashes occur. Its aim is to identify new directions that can help further develop this field, with the ultimate aim of fostering just solutions.Ministerie van OCWExploring the Frontiers of International La