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Rejecting Renvoi for Movable Cultural Property: The Islamic Republic of Iran v. Denyse Berend

10 Pages Posted: 13 Jun 2007  

Derek Fincham

South Texas College of Law Houston

Abstract

In Iran v. Berend, the High Court in London had occasion to revisit one of the most enduring problems of private international law and cultural property. Effective regulation of the illicit market in cultural property is extremely difficult, because many measures aimed at stemming the illicit trade actually contribute to the black market. Courts in both England and the United States have shown that they are prepared to use criminal laws to convict persons involved in the illegal trade in antiquities exported in violation of foreign patrimony laws. As a result, much cultural property policy debate in recent years has focused on the extent to which the criminal law can impact the illicit trade. The extent to which national ownership declarations can be used in civil disputes remains less clear.

Keywords: cultural property, Iran, Denyse Berend, cultural heritage, renvoi, choice of law, private international law, case note

Suggested Citation

Fincham, Derek, Rejecting Renvoi for Movable Cultural Property: The Islamic Republic of Iran v. Denyse Berend. International Journal of Cultural Property, Vol. 14, No. 1, pp. 111-120, February 2007. Available at SSRN: https://ssrn.com/abstract=993127

Derek Fincham (Contact Author)

South Texas College of Law Houston ( email )

1303 San Jacinto Street
Houston, TX 77002
United States
9546678328 (Phone)

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