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Expanding the Scope of Museums' Ethical Guidelines With Respect to Nazi-Looted Art: Incorporating Restitution Claims Based on Private Sales Made as a Direct Result of Persecution

Published online by Cambridge University Press:  11 June 2007

Andrew Adler
Andrew Adler
Affiliation:
University of Miami and Emory University. Email: aa2077@law.miami.edu
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Abstract

Since the late 1990s, the American museum community has nobly sought to resolve restitution claims involving Nazi-looted art in an equitable fashion. Under the auspices of various ethical guidelines recognizing the horrific tragedies of the Holocaust, museums have made a commitment to purge their collections of artwork tainted by Nazi theft. It remains unclear, however, whether these guidelines govern restitution claims that are based not on Nazi theft but on coerced sales arising from Nazi persecution. This article argues that the scope of the guidelines should be expanded to govern restitution claims arising from coerced sales, and that coerced sales include not only sales in which the Nazis participated but also private sales made by individuals who, as a direct result of Nazi persecution, who were forced to sell their artwork to flee or otherwise survive the Holocaust.ACKNOWLEDGEMENTS: I would especially like to thank Professor Stephen Urice for his indispensable insight and overall support in the development of this article. I would also like to thank Ildi DeAngelis and Professor John Merryman for their excellent suggestions, and Thaddeus Stauber for his willingness to discuss the Martha Nathan cases.

Type
Research Article
Information
International Journal of Cultural Property , Volume 14 , Issue 1 , February 2007 , pp. 57 - 84
Copyright
© 2007 International Cultural Property Society

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References

American Association of Museums. “Guidelines Concerning the Unlawful Appropriation of Objects During the Nazi Era.” November, 1999. http://www.aam-us.org/museumresources/ethics/nazi_guidelines.cfm (accessed April 30, 2007).
Association of American Art Directors. “Art Museums and the Identification and Restitution of Works Stolen by the Nazis.” October, 2001. http://www.aamd.org/papers/documents/NaziLootedArt_000.pdf (accessed April 30, 2007).
Association of American Art Directors. “Report of the AAMD Task Force on the Spoliation of Art during the Nazi/World War II Era (1933–1945).” June 4, 1998. http://www.aamd.org/papers/guideln.php (accessed April 30, 2007).
Bazyler, Michael J., and Kearston G. Everitt. “Holocaust Restitution Litigation in the United States: An Update.” ACLU International Civil Liberties Report, December 10, 2004. http://www.aclu.org/iclr/bazyler.pdf (accessed April 30, 2007).
Berlins, Marcel. “Elizabeth Taylor Accused of Owning Van Gogh Stolen by Nazis.” The Guardian (London), December 7, 2004. http://hnn.us/roundup/entries/8975.html (accessed April 30, 2007).
Bernstein, Richard. “Austrian Panel Backs Return of Klimt Works.” New York Times, January 17, 2006.
Clark, Stephen W. “World War II Restitution Cases.” In Legal Issues in Museum Administration, edited by American Law Institute and American Bar Association, 543–61, 2006.
Cohen, Sherri North, and Reinhard-Felice, Mariantonia. April 19, 2006. Letter on file with Holocaust Claims Processing Office. http://www.claims.state.ny.us/
Department for Culture Media, and Sport. “Spoliation Advisory Panel.” http://www.culture.gov.uk/what_we_do/Cultural_property/sap.htm (accessed February 10, 2007).
Detroit Institute of Arts. “Detroit and Toledo Museums Present Research Findings on Nazi-era Provenance for Two Paintings in Their Collection: Research Confirms Museums' Rightful Ownership of Paintings,” news release, January 25, 2006. http://dia.org/PressReleases/showpressreleases.asp?ID=230 (accessed April 30, 2007).
Dutter, Barbie. “Family in Fight for £300m ‘War Loot.’ ” Telegraph, July 12, 1997. http://www.museum-security.org/97/july12.html (accessed April 30, 2007).
Ekkart Committee. “Origins Unknown: Recommendations Regarding the Restitution of Works of Art,” 2001. http://www.netherlandsembassy.co.nz/webfiles/DutchEmbassy/files/fact7.pdf (accessed April 30, 2007).
European Parliament, Committee on Legal Affairs and the Internal Market. “Report on a Legal Framework for Free Movement Within the Internal Market of Goods Whose Ownership is Likely to be Contested.” November 26, 2003. http://www.lootedartcommission.com/lootedart_europeanunion.htm (accessed April 30, 2007).
Falconer, Kelly Ann. “When Honor Will not Suffice: The Need for a Legally Binding International Agreement Regarding Ownership of Nazi-Looted Art.” University of Pennsylvania Journal of International Economic Law 21 (2000): 383–426.Google Scholar
Feliciano, Hector. The Lost Museum: The Nazi Conspiracy to Steal the World's Greatest Works of Art. New York: Basic Books, 1997.
Hamblett, Mark. “Court Declines to Block Christie's Sale of Picasso Painting, N.Y. Federal Judge Cites Late Complaint, Absence of Jurisdiction.” New York Law Journal, November 8, 2006. http://www.law.com/jsp/article.jsp?id=1162893924777 (accessed April 30, 2007).
Hartocollis, Anemona. “Despite Court Ruling, Christie's Pulls Painting from Auction.” New York Times, Nov. 8, 2006.
Herzog, Dagmar. “Handouts From Hitler: A German Historian Says the Nazis Used Economic Policy to Retain Power.” Review of Hitler's Beneficiaries: Plunder, Racial War, and the Nazi Welfare State, by Götz Ally. New York Times Book Review, February 18, 2007.
Holocaust Claims Processing Office. “Painting Lost During Forced Sale Returned to its Rightful Owners.” News release, October 19, 2006. http://www.banking.state.ny.us/pr061019.htm (accessed April 30, 2007).
Inter-Allied Declaration against Acts of Dispossession committed in Territories under Enemy Occupation and Control. London, England. January 5, 1943. http://www.lootedartcommission.com/lootedart_interallieddeclaration.htm (accessed April 30, 2007).
International Council of Museums. “ICOM Recommendations concerning the Return of Works of Art Belonging to Jewish Owners.” News release, January 14, 1999. http://icom.museum/worldwar2.html (accessed April 30, 2007).
Kinsella, Eileen. “Gold Rush.” Art News, January 2007. http://artnews.com/issues/article.asp?art_id=2193 (accessed April 30, 2007).
Koenigs, Christine. “My Grandfather's Collection,” Address, Moscow Conference, April 10–11, 2000. http://www.libfl.ru/restitution/conf/koenigs.html (accessed April 30l, 2007).
Lane, Tahree. “Heirs Seek to Avoid Legal Battle over Gauguin Painting.” Toledo Blade, February 9, 2006. http://www.toledoblade.com/apps/pbcs.dll/article?AID=/20060209/NEWS15/602090342&SearchID=73279663393364 (accessed April 30, 2007).
Museum of Fine Arts. “Collections: Adoration of the Magi.” http://www.mfa.org/collections/search_art.asp?recview=true&id=35361&coll_keywords=Adoration+of+the+Magi%2C+1725&coll_accession=&coll_name=&coll_artist=&coll_place=&coll_medium=&coll_culture=&coll_classification=&coll_credit=&coll_provenance=&coll_location=&coll_has_images=&coll_on_view=&coll_sort=0&coll_sort_order=0&coll_view=0&coll_package=0&coll_start=1 (accessed January 28, 2007).
Museum of Fine Arts. “Museum of Fine Arts, Boston Reaches Agreement Concerning Holocaust-Era Settlement of Giaquinto Painting.” News release, October 19, 2000. http://www.mfa.org/about/sub.asp?key=82&subkey=1437 (accessed April 30, 2007).
Netherlands Embassy. Cultural Objects and the Second World War—Applications for Restitution. “The NK Collection and the Ekkart Committee.” http://www.netherlands-embassy.ru/downloads/restitution.pdf (accessed February 9, 2007).
Nicholas, Lynn. The Rape of Europa: The Fate of Europe's Treasures in the Third Reich and the Second World War. New York: Knopf, 1994.
Petropoulos, Jonathan. “Art Looting During the Third Reich: An Overview with Recommendations for Further Research.” Address, Washington Conference on Holocaust-Era Assets, Washington D.C., April 1999. http://www.state.gov/www/regions/eur/holocaust/heac4.pdf (accessed April 30, 2007).
Pollock, Benjamin E. “Out of the Night and Fog: Permitting Litigation to Prompt an International Resolution to Nazi-Looted Art Claims.” Houston Law Review 43 (2006): 193–233.Google Scholar
Rowland & Associates. “Martha Nathan Heirs React to Lawsuits to ‘Quiet Title’ Filed by the Toledo Museum of Art and the Detroit Institute of Arts.” News release, February 7, 2006. http://mmdnewswire.com/content/view/15/ (accessed April 30, 2007).
Robinson, Walter V., and Maureen Goggin. “Stolen Art Claims Shake N.Y. Museum; Raise Concern US Houses Looted Work; THE ART WORLD'S SPOILS OF WAR.” Boston Globe, July 24, 1997.
Rosenbaum, Lee. “Will Museums in U.S. Purge Nazi-Tainted Art? Association of Art Museum Directors Issues Action Plan for Return of Nazi-Looted Art.” Art in America, November 1998. http://www.findarticles.com/p/articles/mi_m1248/is_n11_v86/ai_21257944 (accessed March 8, 2007).
Shapiro, Daniel. “Repatriation: A Modest Proposal.” New York University Journal of International Law and Politics 31 (1998): 95–108.Google Scholar
Spoliation Advisory Panel. Report of the Spoliation Advisory Panel in Respect of a Painting now in the Possession of Glasgow City Council, 2004. http://www.culture.gov.uk/NR/rdonlyres/84612683-31A0-42E1-AFB7-B9B60A48CA16/0/991224Spoliation.pdf (accessed April 30, 2007).
Spoliation Advisory Panel. Report of the Spoliation Advisory Panel in Respect of a Painting Now in the Possession of the Tate Gallery, 2001. http://www.culture.gov.uk/NR/rdonlyres/2ED97DA7-9E93-4F75-8301-AE8F496FC385/0/galleriesspoliation.pdf (accessed April 30, 2007).
Urice, Stephen K. “Recent Cases in the United States Regarding Holocaust-Period Art Seized Illegally.” Studies in Art Law 15 (2004): 95–102.Google Scholar
U.S. Congress. House of Representatives. Committee on Banking and Financial Services. The Restitution of Art Objects Seized by the Nazis from Holocaust Victims and Insurance Claims of Certain Holocaust Victims and Their Heirs, 105th Cong., 2nd sess., February 12, 1998.
Washington Conference Principles on Nazi-Confiscated Art. December 3, 1998. http://www.lootedartcommission.com/lootedart_washingtonprinciples.htm (accessed April 30, 2007).