Holocaust-Era Assets

Legal Issues

1. Abramson, Ronald D. and Stephen B. Huttler. "The legal response to the illicit movement of cultural property". Law and Policy in International Business 5(1973): 932-970.
Note: Legal issues related to displaced property.

2. Boguslavskij, Mark. "Legal aspects of the Russian position in regard to the return of cultural property". In The spoils of war - World War II and its aftermath: the loss, reappearance, and recovery of cultural property, 186-190. New York: Harry N. Abrams, 1997. (Paper presented at international symposium, The Spoils of War, sponsored by Bard Graduate Center for Studies in the Decorative Arts, New York, January, 1995).
Note: The author's goal is to provide the reader with basic legal information about Russian-German reciprocal return of cultural property negotiations along with his comments.

3. Boguslavskij, M. M. "Contemporary legal problems of return of cultural property to its country of origin in Russia and the Confederation of Independent States". International Journal of Cultural Property 3, no.2(1994): 243-256.
Note: An analysis of the international legal regulations and legal practice leads to the conclusion that there is a need to sign multilateral and bilateral agreement on cultural cooperation between the member states of the Confederation of Independent States.
Filed in Library at B10.

4. Borchard, Edwin. "The treatment of enemy property". Georgetown Law Journal 34, no.1(May 1946): 389-406.

5. Casanova, Eugenio. "Gli archivi nei trattati internazionali (Archives in international treaties)". Archivi Italiani 5(1918): 179-201.

6. Girsberger, Daniel. Das internationale Privatrecht der nachrichtenlosen Verm"gen in der Schweiz (Private international law and unclaimed property in Switzerland). Berne: Helbing & Lichtenhahn with Kluwer Law International, 1997. 80 pp.

7. Greenfield, Jeannette. The return of cultural treasures. 2d ed. Cambridge: Cambridge University Press, 1996. xviii, 361 pp.
Note: Dr. Greenfield traces displaced cultural treasures through their legal tangles, analyzes the work of international agencies and conventions, and, in the last chapter, offers her own formula for the resolution of national claims for the cultural property.
Shelved in the National Archives Library at CC135.G74 1989.

8. Herczl, Moseh Y. "Anti-Jewish legislation". In Christianity and the Holocaust of Hungarian Jewry, 81-172. New York: New York University Press, 1993.
Note: In 1938, an anti-Jewish legislative process began in Hungary which lasted for six years with German occupation.

9. Hiller, Armin. "The German-Russian negotiations over the contents of the Russian repositories". In The spoils of war - World War II and its aftermath: the loss, reappearance, and recovery of cultural property, 179-185. New York: Harry N. Abrams, 1997. (Paper presented at international symposium, The Spoils of War, sponsored by Bard Graduate Center for Studies in the Decorative Arts, New York, January, 1995).
Note: A member of both the German-Russian and the German-Ukranian joint commissions on the return of cultural property, Hiller asks that Russia honor the spirit and letter of the Good Neighborliness Treaty of 1990 and that they attune the domestic legislation they have announced to international law.

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10. Hoffman, Barbara. "The spoils of war". Archaeology(November-December 1993): 37-40.
Note: Author finds the legal framework and applicable laws for resolving issues of war booty and stolen artworks far from simple. The two most significant international agreements protecting cultural property are the Hague Convention of 1954 and the UNESCO Convention adopted in 1970.
Filed in Library at H14.

11. Kaye, Lawrence M. "The statute of limitations in art recovery cases: an overview". IFAR Journal (International Foundation for Art Research) 1, no.3(Autumn 1998): 22-28.
Note: Statutes of Limitations vary from one state to another in the United States; European Statutes of Limitations are governed by Civil Codes except for the U.K. which shares a common law jurisdiction with the U.S.

12. Kowalsi, Wojciech. "Introduction to International Law of Restitution of Works of Art Looted during Armed Conflicts. Part II". Spoils of War no. 3(December 1996): 10-11.
Note: In this part of his series, the author quotes legal philosophers to show that citizen's property should be excluded from war and given proper protection.
Journal is kept in the National Archives Library.
Online: http://www.dhh-3.de/biblio/bremen/sow3.

13. Kowalski, Wojciech. Liquidation of the effects of World War II in the area of culture. Warsaw: Institute of Culture, 1994. 115 pp.

14. "Legal Aspects of the International Traffic in Stolen Art: Symposium". Syracuse Journal of International Law and Commerce 4(1976): 51-95.

15. Mulvaney, John. "A question of values: museums and cultural property". In Who owns the past?, 86-98. Oxford: Oxford University Press, 1985. (Papers presented at the annual symposium of the Australian Academy of the Humanities).
Note: Although this essay does not focus on WWII looted cultural propery, it does address legal and social issues related to the cultural heritage of nations.

16. Prott, Lyndel V. "Principles for the resolution of disputes concerning cultural heritage displaced during the Second World War". In The spoils of war - World War II and its aftermath: the loss, reappearance, and recovery of cultural property, 221-224. New York: Harry N. Abrams, 1997. (Paper presented at international symposium, The Spoils of War, sponsored by Bard Graduate Center for Studies in the Decorative Arts, New York, January, 1995).
Note: Prott, a UNESCO official, suggests means of circumventing the current restitution impasse while drawing on the substantial body of existing legal principles. She concludes with her view that if the problem is not resolved in the next few years, it will remain a constant source of friction.

17. Weisberg, Richard H. Vichy law and the Holocaust in France. New York: New York University Press for the Vidal Sassoon International Center for the Study of Antisemitism, 1996. 447 pp.
Note: Vichy France enforced the Nazi version of racism on French Jews for the German within a legal system which worked on its own.

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