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

Abstract

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.