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Nazi era spoliation : establishing procedural and substantive principles
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Woodhead, Charlotte (2013) Nazi era spoliation : establishing procedural and substantive principles. Art, Antiquity and Law, 18 (2). ISSN 1362-2331.
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Abstract
The Spoliation Advisory Panel provides a mechanism to bring claims to recover cultural objects of which the original owners were dispossessed during the Nazi era. The Panel's paramount purpose is to achieve a fair and just solution for the parties and it does this by assessing primarily moral considerations. Terms of Reference and Rules of Procedure exist for the Panel which guide it on primarily procedural matters and the general approach to claims. In the past the Panel has shown a reluctance to use precedent, treating each instance of dispossession, usually in the context of Nazi persecution, as unique and worthy of separate treatment. Treating each case in isolation risks leading to potentially unjustifable inconsistencies of outcome. In a welcome move, the Panel has more recently looked to past practice to inform its recommendations on the moral strength of forced sales. As the number of recommendations grows over time and similar situations arise there is scope for recognising a wider body of principles derived from the Panel's reports that can guide and inform the future practice of the Panel to ensure a fair and just resolution for all by avoiding inconsistencies. This paper seeks to justify, present and critically analyse such a body of principles.
| Item Type: | Journal Article | ||||
|---|---|---|---|---|---|
| Subjects: | C Auxiliary Sciences of History > CB History of civilization K Law [LC] > KD England and Wales |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Library of Congress Subject Headings (LCSH): | Cultural property -- Great Britain, Reparations for historical injustices | ||||
| Journal or Publication Title: | Art, Antiquity and Law | ||||
| Publisher: | Institute of Art and Law | ||||
| ISSN: | 1362-2331 | ||||
| Official Date: | July 2013 | ||||
| Dates: |
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| Volume: | 18 | ||||
| Number: | 2 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access | ||||
| Related URLs: |
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