OF HITLER AND CAMILLE PISSARRO: JURISDICTION IN NAZI ART EXPROPRIATION CASES UNDER THE FOREIGN SOVEREIGN IMMUNITY ACT

In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws. The true purpose of the arrest was to seize Westfield's art collection for private resale, a typical practice of the...

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Bibliographic Details
Published inFordham journal of corporate & financial law Vol. 16; no. 2; p. 437
Main Author Zarrini, Elnaz
Format Journal Article
LanguageEnglish
Published New York Fordham Journal of Corporate & Financial Law 01.04.2011
Subjects
Federal court decisions
International law
Jurisdiction
Public policy
Sovereignty
State court decisions
Tribunals & commissions
United States > US
Germany
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Summary:In November 1938, Walter Westfield, a renowned Jewish art dealer in Germany, was arrested, beaten, and imprisoned by the Nazis for an alleged violation of currency exchange laws. The true purpose of the arrest was to seize Westfield's art collection for private resale, a typical practice of the Nazi government. On Jul 28, 2009, the District Court for the Middle District of Tennessee, basing its decision on the Foreign Sovereign Immunities Act (FSIA), dismissed the complaint due to lack of subject matter jurisdiction. Consideration of this issue is important because an expanded definition of the commercial activity exception will determine whether plaintiffs bring suit on these claims in US courts. Part I explores FSIA's background, the Tribunal's jurisdiction, and the background of Nazi art looting cases. Part II analyzes the conflicting views among US courts on the scope of the exception, and also looks at comparable Tribunal decisions.
ISSN:1532-303X