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Putting into place solutions for Nazi Era dispossessions of cultural objects : the UK experience

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Woodhead, Charlotte (2016) Putting into place solutions for Nazi Era dispossessions of cultural objects : the UK experience. International Journal of Cultural Property, 23 (4). pp. 385-406. doi:10.1017/S0940739116000278 ISSN 0940-7391.

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Official URL: https://doi.org/10.1017/S0940739116000278

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Abstract

Since 2000, the United Kingdom’s Spoliation Advisory Panel has provided an alternative dispute resolution mechanism for resolving disputes surrounding Nazi era dispossessions of cultural objects. This article analyzes the way in which the panel has reached its recommendations and how they have been implemented. While the panel’s recommendations provide a means of resolving disputes in circumstances where litigation might fail a claimant, claimants may encounter difficulties should an institution fail to implement the recommended remedy because of the extra-judicial nature of the recommendations. This article therefore analyzes the effectiveness of the panel’s work in overcoming some of the shortcomings of litigation and the way in which the parties have put into effect the panel’s recommendations. Furthermore, suggestions are made for ways in which to ensure compliance with the recommendations even in the absence of judicial enforcement.

Item Type: Journal Article
Subjects: C Auxiliary Sciences of History > CC Archaeology
K Law [Moys] > KC International Law
K Law [Moys] > KN Common Law, Private Law
Divisions: Faculty of Social Sciences > School of Law
Library of Congress Subject Headings (LCSH): Cultural property — Protection -- Great Britain, Cultural property — Protection (International law), Cultural property — Protection — Law and legislation -- Great Britain, Cultural property — Repatriation -- Law and legislation, World War, 1939-1945 -- Confiscations and contributions -- Europe
Journal or Publication Title: International Journal of Cultural Property
Publisher: Cambridge University Press
ISSN: 0940-7391
Official Date: November 2016
Dates:
DateEvent
November 2016Published
2 December 2016Available
7 June 2016Accepted
Volume: 23
Number: 4
Page Range: pp. 385-406
DOI: 10.1017/S0940739116000278
Status: Peer Reviewed
Publication Status: Published
Access rights to Published version: Open Access (Creative Commons)
Date of first compliant deposit: 10 August 2016
Date of first compliant Open Access: 8 May 2017
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