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Putting into Place Solutions for Nazi Era Dispossessions of Cultural Objects: The UK Experience

Published online by Cambridge University Press:  02 December 2016

Charlotte Woodhead
Charlotte Woodhead*
Affiliation:
Warwick Law School, University of Warwick, United Kingdom; Email: c.c.woodhead@warwick.ac.uk
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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.

Type
Research Article
Information
International Journal of Cultural Property , Volume 23 , Special Issue 4: SPECIAL ISSUE: Alternative Dispute Resolution in Cultural Property Disputes: Merging Theory and Practice , November 2016 , pp. 385 - 406
Copyright
Copyright © International Cultural Property Society 2016 

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