Cardozo Public Law, Policy & Ethics Journal
Abstract
The note explores the complexities of cross-border transfers of stolen art, focusing on the legal dilemmas posed by differing international property laws. It examines how courts decide which jurisdiction's laws to apply, particularly contrasting the traditional lex situs rule with the Second Restatement's "most significant relationship" test. The analysis highlights New York's unique "combined modern" approach, which balances these methods to align with its policy goals, especially its role as a global art market hub. The note concludes that while this approach offers flexibility, it may lead to forum shopping and inconsistencies, complicating recovery efforts for claimants.
Disciplines
Conflict of Laws | Law
Recommended Citation
Monique Lee,
A Choice of Law Dilemma: The Conflict and Reconciliation of Laws Governing Cross-Border Transfers of Stolen Art,
7
Cardozo Pub. L. Pol’y & Ethics J.
719
(2009).
Available at:
https://larc.cardozo.yu.edu/cplpej/vol7/iss3/9