ABSTRACT

It Belongs in a Museum: Sovereign Immunity Shields Iranian Antiquities Even When it Does Not Protect Iran [March 22, 2018]   [open pdf - 527KB]

"Foreign sovereign immunity may protect property owned by nations designated as state sponsors of terrorism, even when it does not shield the nations themselves, the Supreme Court held in 'Rubin v. Islamic Republic of Iran.' In an 8-0 opinion delivered by Justice Sotomayor (with Justice Kagan recused), the Court ruled that the Foreign Sovereign Immunities Act (FSIA) did not permit U.S. victims of Iran-sponsored terrorist attacks to seize a collection of Persian antiquities on loan from Iran to a museum at the University of Chicago. 'Rubin' underscores a common side effect of the FSIA's terrorism-related exceptions to sovereign immunity: although victims of terror attacks may be able to obtain judgments against state sponsors of terrorism--currently, Iran, Sudan, Syria, and North Korea--they often have little chance of seizing covered states' property when seeking to collect their financial awards."

Report Number:
CRS Legal Sidebar, LSB10104
Author:
Publisher:
Date:
2018-03-22
Copyright:
Public Domain
Retrieved From:
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html
Format:
pdf
Media Type:
application/pdf
URL:
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