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Lloyd's Maritime and Commercial Law Quarterly

ASSERTION OF OWNERSHIP BY A FOREIGN STATE OVER CULTURAL OBJECTS REMOVED FROM ITS JURISDICTION

Iran v. Barakat

Decision

Government of the Islamic Republic of Iran v. The Barakat Galleries Ltd was an appeal on two preliminary issues regarding antiquities alleged to form part of Iran’s cultural heritage. Barakat, a gallery in London, had the antiquities in its possession. The Government of Iran (“Iran”) sued Barakat under the English law of conversion, asserting ownership of the antiquities under Iranian legislation to establish their right to advance this claim. The two preliminary issues were: (i) could Iran show that it had obtained title by Iranian law and; (ii) if Iran could show it had obtained title, would that title be recognized or enforced by the court, to the extent required to satisfy the claim of

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