Art

The chaos caused by the Third Reich’s systematic theft of valuable art continues to the present day, as shown by Emden v. Museum of Fine Arts–a dispute about ownership of a painting called “The Marketplace of Pirna” (right). The claim of the heirs to the one-time owner failed because of the “act of state” doctrine, as the Fifth Circuit explained:

The most straightforward and charitable reading of the Emdens’ complaint inevitably requires a ruling by a U.S. court that the Dutch government invalidly sent Moser the By Bellotto Pirna. The Emdens may be right: The Monuments Men may have improperly sent the By Bellotto Pirna to the [Dutch Art Property Foundation (“SNK”)]; the SNK may have unjustifiably sent Moser the By Bellotto Pirna even though he had a claim to only the After Bellotto Pirna; and the Museum may be violating the Washington Principles by refusing to return the painting to the Emdens.

But, per the act of state doctrine, it is not our job to call into question the decisions of foreign nations. As pleaded, the SNK’s shipping Moser the By Bellotto Pirna is an official act of the Dutch government. The validity and legal effect of that act is one that we may not dispute.

No. 23-20224 (May 29, 2024).