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

Abstract

ownership declarations can be used in civil disputes remains less clear. Nearly every nation has recognized the need to protect and preserve beautiful and historic objects. Approaches vary considerably, as does their efficacy. At a systemic level, there appears to be a great deal of work to be done. The gap seems to be growing between what we think should happen to art and antiquities and what is actually happening. In a recent case before the High Court in London, a dispute over an antiquity from the ancient city of Persepolis involved the possibility of enforcing Iran’s national patrimony law under English conflict of laws principles. The outcome could have resulted in some far-reaching consequences for the antiquities market in England and Wales. However, Justice Eady declined to apply the principle of renvoi. Had he held for Iran under this conflict of laws theory, perhaps the private law of England and Wales would have become a powerful basis for source nations seeking to enforce their national patrimony declarations abroad.