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Cultural heritage law and ethics:

Cultural goods looted by Nazis or sold under duress. The situation in Switzerland: Status and ways forward

in: Cultural heritage law and ethics: mapping recent developments, Alessandro Chechi and Marc-André Renold (eds) [Studies in art law 26], Genève/Zürich 2017, 227 ss.

The Chapter discusses certain legal and ethical questions relating to looted art, cultural goods appropriated by the Nazis or sold under duress, with a focus on Switzerland as one of the most important hubs for art dealings during the Nazi Era. An historical overview is followed by an analysis of the Swiss legal situation and the difficulties for the victims of Nazi persecution when it comes to restitution of looted art. Strictly legal avenues are shown as frequently unsatisfactory, especially in light of the “good faith acquirer” principle inherent in continental European law. The author reviews the Washington Principles of 1998 and considers the vexed issue of cultural goods sold under the duress of Nazi persecution (“flight assets”). The Chapter argues that Switzerland needs to establish an independent commission tasked with the resolution of open cases when it comes to both looted art and flight assets, to deepen and professionalise provenance research as well to adopt non-confrontational means of dispute resolution alternative to litigation.


Cultural heritage law and ethics:


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