Unpublished Papers

Rubin v. The Islamic Republic of Iran - A Struggle for Control of Persian Antiquities in America

James A. Wawrzyniak, Harvard Law School

Abstract

This paper analyzes the multi-jurisdictional attachment and execution proceedings taking place sub nomine Rubin v. The Islamic Republic of Iran. The Rubin litigation raises novel issues in the areas of art law and foreign relations. The first section of the paper evaluates whether third parties have standing to raise a sovereign state’s immunity under the Foreign Sovereign Immunities Act (“FSIA”). The second delves into the particulars of the commercial use exception to the FSIA. The final section considers various provisions of the Terrorism Risk Insurance Act of 2001, a new law with little judicial gloss. These three main issues are evaluated within a broader art law framework as historic and valuable Persian antiquities stand at the center of the execution proceedings.

Suggested Citation

James A. Wawrzyniak. 2007. "Rubin v. The Islamic Republic of Iran - A Struggle for Control of Persian Antiquities in America" ExpressO
Available at: http://works.bepress.com/james_wawrzyniak/1

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