Art Law: Restitution of Looted Art and the Reform of Private Foundation Law

The restitution case of Fe­lix Hil­des­hei­mer’s heirs against the Ha­ge­mann Foundation made news recently: On 18 January 2021, the Advisory Commission (Limbach Commission) issued a press release that for the first time in its history, a recommendation it had made had not been implemented. The Hildesheimer case also highlighted an argument that the law on private foundations might be an impediment to restitution.  Continue reading

Human Rights Day 2020: IBA Webinars, 10/11 December 2020

On the occasion of this year’s Human Rights Day, the IBA Business and Human Rights Committee and the IBA Human Rights Law Committee have put together a day of virtual events – actually, taking into account time differences across the globe, the three sessions are spread out over two days from a European time zone’s perspective. Session 2 on the impact of human rights on businesses is particularly timely, given the recent legislative initiatives in Germany, the EU and elsewhere – the Swiss will be voting on this coming Sunday on an initiative called “For responsible businesses – protecting human rights and the environment”.The proposed legislation would require Swiss companies to examine whether they can comply with internationally recognised human rights and environmental standards when carrying out their business operations. Swiss companies would be liable for damage caused by companies that they control. However, they will not be held liable if they can prove that they complied with their due diligence obligations. Continue reading

Civil Justice and Private International Law: EU Commission Issues No-Deal Brexit Gudiance

On 27 August 2020, the EU Commission published an updated “Notice to Stakeholders on the Withdrawal of the United Kindgom and EU Rules in the Field of Civil Justice and Private International Law”. Continue reading

Towards a German Supply Chain Act? Conflict of Laws and Comparative Law Considerations; Lecture at MPI Hamburg, 1 September 2020

We have covered human rights litigation here before, in particular the case of the Pakistani textile workers against German textile retail chain Kik decided by the Court of Appeals (Oberlandesgericht) Hamm. So I thought I ought to alert readers to a lecture on a development that may impact the future development of the field in Germany, namely the planned Supply Chain Act (Lieferkettengesetz). Continue reading