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Cert. Granted in Altman Case
The United States Supreme Court granted certiorari in the Foreign Sovereign Immunity Act case Republic of Austria, et. a. v. Maria V. Altman, case number 03-13.
The facts involve valuable paintings, changes in their ownership and releases related thereto which could constitute an improper taking, as well as the sovereignty of Austria and its agencies that could apply to the country's actions. The legal issues center around the applicability of the 1976 statute that enunciates the U.S. policies on the recognition and scope of foreign immunity of nations for circumstances preceding the entry into force of the statute. A court in California held in favor of local plaintiff Altman.
Property rights and sovereignty do not always mix well, as Spennemann's fine essay The Ownership of Cultural Resources in the Marshall Islands illustrates in an entirely different setting. -- Contributed by Clemens Kochinke, Berliner, Corcoran & Rowe, LLP, Washington, DCTue, / Embassy Law Link