DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND CONSTITUTIONAL AFFAIRS LEGAL AFFAIRS Cross-border restitution claims of art looted in armed conflicts and wars and alternatives to court litigations STUDY Abstract This study was commissioned and supervised by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the JURI Committee. Restitution of art looted during past and present armed conflicts is a major issue for our societies. Claiming restitution before courts – often in foreign States – has proven to be difficult. That is why parties turn more and more to dispute resolution means alternative to court litigation. This study examines the legal difficulties related to art restitution claims and proposes policy recommendations for States and EU institutions to overcome these difficulties and seek to achieve just and fair solutions. PE 556.947 EN ABOUT THE PUBLICATION This research paper was requested by the European Parliament's Committee on Legal Affairs and commissioned, supervised and published by the Policy Department for Citizens’ Rights and Constitutional Affairs. Policy departments provide independent expertise, both in-house and externally, to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU external and internal policies. To contact the Policy Department for Citizens’ Rights and Constitutional Affairs, or to subscribe to its newsletter, please write to:
[email protected] Research Administrator Responsible Roberta PANIZZA Policy Department C: Citizens' Rights and Constitutional Affairs European Parliament B-1047 Brussels E-mail:
[email protected] AUTHOR Professor Marc-André RENOLD, Director of the Art-Law Centre and Holder of the UNESCO Chair in the international law of Cultural Heritage, University of Geneva with the cooperation of the Art-Law Centre team: Dr.