Derailing State Immunity: A Broad-Brush Approach to Jurisdiction under Claims for the Expropriation of Cultural Property

Abstract:

The following article considers the approach taken by the courts of the United States in claims concerning issues of state immunity and private international law with respect to the expropriation and restitution of cultural property, primarily in the context of Nazi Germany. It can be seen that the US courts have interpreted the provisions under the Foreign Sovereign Immunities Act so as to significantly widen the scope for individuals to bring claims against states and state entities in circumstances where the case, and the property concerned, has little or no connection with the jurisdiction and which at their core are domestic disputes.