Case Note in the International Journal of Cultural Property

On SSRN I’ve just posted my case note Rejecting Renvoi for Movable Cultural Property: The Islamic Republic of Iran V. Denyse Berend 14 Int’l J. Cultural Prop. Issue 01, pp 111-120 You can download the article here. Here is the 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.

I would especially like to thank the Case Notes Editor Robert Paterson of the University of British Columbia for all his help editing the note. If there are any comments to the piece, I would love to hear them.

Questions or Comments? Email me at derek.fincham@gmail.com

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