Artwork, Cultural Heritage Property, and the Foreign Sovereign Immunities Act

Abstract

Recent developments in U.S. case law have strengthened the power of private individuals to sue foreign sovereigns in U.S. courts over claims for artwork and cultural heritage property. Traditionally, however, the U.S. government granted a large amount of deference to foreign sovereigns regarding ownership rights in such property. Principles such as grace and comity with other nations, respect for cultural heritage property ownership, and increasing public access to art are reflected in U.S. legislation. For example, the adoption of the Convention on Cultural Property Implementation Act (CPIA), the Archaeological Resources Protection Act (ARPA), and the Native American Graves Protection and Repatriation Act (NAGPRA) all demonstrate a strong position held by the United States to recognize and protect ownership rights in cultural heritage property.