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The current consequences of the illegal deprivation of art works in the Nazism time and State immunity: the Cassirer case

Authors

  • Soledad Torrecuadrada García-Lozano Universidad Autonoma de Madrid
Vol. 7 No. 13 (2018): 1st semester
https://doi.org/10.5354/0719-482X.2018.48658

Abstract

There are consequences of the Holocaust that are still not solved. We can take, for example, the reclamations of restitution of the properties that were seized by the Nazis, specially with art pieces, that are still not resolved to this day. The inexistence of competent international organs to resolve these cases with the scarcity of international norms that are applicable to the assumption as they happened before the entry into force, leave a diverse scene with the introduction of the national courts and the national legislations, who are not equal in terms of legislating the matter. On the other side, the American court has had the resolved several cases on this matter. They have systematically resolved the cases, leaving a side the exception of expropriation, who presents difficulties with the compatibility of the international norms, who have nowadays a costumary nature, existing about the immunity of the States and of its properties, as well as about the jurisprudence of the International Court of Justice existing at this point.

Keywords:

Art Works, Nazism, Jurisdictional Immunity, Immunity from Execution, Public International Law

Author Biography

Soledad Torrecuadrada García-Lozano, Universidad Autonoma de Madrid

Professor of Public International Law at the Autonomous University of Madrid. Accredited to Professor by resolution of the Ministry of Education, Culture and Sport of July 2, 2012. Doctor in Law (1996) by the Autonomous University of Madrid, Diploma of the Center for Studies and Research of the Academy of International Law of The Hague ( 1996) and MA in International Relations from the IUIOG, attached to the Complutense University of Madrid (1992).

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Torrecuadrada García-Lozano, S. (2018). The current consequences of the illegal deprivation of art works in the Nazism time and State immunity: the Cassirer case. Revista Tribuna Internacional, 7(13). https://doi.org/10.5354/0719-482X.2018.48658
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Revista Tribuna Internacional
Facultad de Derecho
Universidad de Chile
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