@article{42008,
      author = {Akhavan, Sahar},
      url = {http://tind.wipo.int/record/42008},
      title = {Art as a Weapon},
      abstract = {This Note analyzes how property rights can shift during  wartime, in addition to examining the question of whether  or not they should. Part I examines the historical  background underlying government-organized art theft  and   the  looting  and  destruction  of  cultural  property,   including contributing  ideological  factors,  how   restitution  efforts  have  developed over time, and the  legal landscape governing the outcomes of proceedings  involving stolen art and antiquities. Part II analyzes the  ramifications of these legal developments, particularly how  the law has affected victims’ property  rights  and   answered  to  the  lingering  effects  of  the  Holocaust.  Further, Part II compares the laws addressing Holocaust-era  art claims to treaties governing the ongoing crisis of  ISIS-looted cultural property. Part III proposes five  reform factors for the newly-implemented HEAR Act to take  into consideration in order to allow victims the broadest  opportunity to seek restitution: (1) the shifting of the  due diligence analysis onto the current possessor of  afflicted art, (2) the complete removal of the Act’s  federal statute of limitations, (3) alternatively, the  substitution of a more favorable  demand  and  refusal   rule,  (4)  providing  attorneys’  fees  for claimants,    and   (5)   the   removal   of   the   Act’s   sunset    provision.},
      recid = {42008},
      pages = {29 pages},
}