Abstract
Part I of this Article will briefly recount the principal facts of Altmann v. Republic ofAustria. Parts II through IV will then address the principal arguments that Austria has raised against the application of the Foreign Sovereign Immunities Act, namely: 1. That the FSIA would have an impermissible retroactive effect if it were to be applied to Altmann's claims arising from operative facts that occurred before both the effective date of the FSIA and the 1952 Tate Letter; 2. That the conduct of the Nazi regime and its agencies and instrumentalities in World War II, including Austria, in no way would have defeated the expectations of these state parties that they would receive immunity from prosecution in foreign courts; 3. That application of the FSIA in Altmann will open the door to subjective, inconsistent, and unpredictable applications of the FSIA in future cases.
Document Type
Article
Publication Date
2004
3-4-2021
Repository Citation
Murray, Michael D., "Stolen Art and Sovereign Immunity: The Case of Altmann v. Austria" (2004). Law Faculty Scholarly Articles. 663.
https://uknowledge.uky.edu/law_facpub/663
Notes/Citation Information
Michael D. Murray, Stolen Art and Sovereign Immunity: The Case of Altmann v. Austria, 27(2) Colum. J. L. & Arts 301-321 (2004).