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Recent Supreme Court Rulings on the Foreign Sovereign Immunities Act


Recent Supreme Court Rulings on the Foreign Sovereign Immunities Act
The U.S. Supreme Court building in Washington, D.C. (Ron Coleman, https://tinyurl.com/8p4wkd8b; CC BY-NC 2.0, https://creativecommons.org/licenses/by-nc/2.0/)
On Feb. 3, in a unanimous decision written by Chief Justice John Roberts, the Supreme Court held in Federal Republic of Germany v. Philipp that U.S. courts did not have jurisdiction over claims against Germany asserted by the heirs of German Jewish art dealers who were compelled to sell property to the German state of Prussia during the Nazi regime. Philipp concerned the expropriation exception to the Foreign Sovereign Immunities Act (FSIA), which notes that U.S. courts may have jurisdiction over foreign sovereigns when property is taken in violation of international law. In issuing its decision, the Supreme Court found that the expropriation exception does not apply to a foreign sovereign’s takings of its own nationals’ property.  ....

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AJC Dismayed by U.S. Supreme Court Decision in Holocaust Art Case


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NEW YORK, Feb. 3, 2021 /PRNewswire/ American Jewish Committee (AJC) regrets today s unanimous Supreme Court decision in the Guelph Treasure case (Federal Republic of Germany v Philipp), which sends the plaintiffs back to Germany to seek justice for their Holocaust-era art restitution claims. Unfortunately, Germany s record on these matters has been deficient, said Rabbi Andrew Baker, AJC Director of International Jewish Affairs.
Over twenty years ago, the Washington Principles on Nazi-Confiscated Art, adopted at an international conference organized by the State Department, were heralded as a new means for survivors and their heirs to regain ownership of their looted artwork. Though not legally compelled to do so, governments agreed that they would examine the provenance of their state museum collections and return any art that was originally acquired by Nazi seizures or forced sales. ....

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Jews Lose: Unanimous US Supreme Court Sides with Germany on Nazi-Looted Art | The Jewish Press - JewishPress.com | David Israel | 22 Shevat 5781 – February 4, 2021


Photo Credit: Official White House Photo by D. Myles Cullen
Supreme Court Associate Justices Brett M. Kavanaugh, Neil M. Gorsuch, and Elena Kagan, and Chief Justice John G. Roberts Jr., February 4, 2020.
The US Supreme Court on Wednesday ruled unanimously against the heirs of Jewish art dealers Sammy Rosenberg, Isaak Rosenbaum, Julius Falk Goldschmidt, and Zacharias Hackenbroch from Frankfurt, who sought to sue Germany in US courts to retrieve the Guelph Treasure, worth about $260 million, which they say the dealers were forced to sell to the Nazis for half their value.
In 1929, a consortium of German-Jewish art dealers purchased for 7.5 million Reichsmarks the Welfenschatz, a.k.a. Guelph Treasure, only to be forced later by agents of Hermann Goering to give it up so the Reichsmarschall could personally present it as a gift to Hitler, according to the Jewish heirs. ....

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Nazi looted art: Dispute over Guarneri violin | Culture| Arts, music and lifestyle reporting from Germany | DW


Looted Art in the Third Reich - The Saulmann Case
His attempts to obtain a visa to flee to Australia failed. On August 1, 1939, Hildesheimer took his own life. His widow was interned by the Nazis in the Gurs prison camp in southern France and finally managed to escape via Marseille. His two daughters also managed to emigrate to America.
In the foundation s hands
In 1974, the violinist Sophie Hagemann (1918 - 2010) from Nuremberg acquired the Guarneri violin, which was built in 1706. With her music group, Duo Modern, she dedicated her concerts to the so-called degenerate music that was banned during the Nazi regime. She was married to the composer Franz Hofmann, who was killed at the front in 1945. ....

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