RESTITUTION OF LOOTED ART IN EUROPE: FEW CASES, MANY OBSTACLES

The purpose of this paper is to highlight how from the general right to booty of ancient times, at international level a customary principle developed obliging restitution of looted art. This principle was then recognized by international treaties, though there is no international convention which is directly applicable to looted art during the World War II period. Therefore, the paper will analyze how Europe currently deals with art looting, focusing on Italian law and caselaw, providing a comparative analysis with US jurisprudence and legislation. Hence, the paper will suggest why Italy could be a good forum to file art restitution cases and how to enhance protection against art looting in Europe.