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Indigenous Peoples Cultural Property Claims
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Book Synopsis Indigenous Peoples' Cultural Heritage by : Alexandra Xanthaki
Download or read book Indigenous Peoples' Cultural Heritage written by Alexandra Xanthaki and published by BRILL. This book was released on 2017-10-17 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous rights to heritage have only recently become the subject of academic scholarship. This collection aims to fill that gap by offering the fruits of a unique conference on this topic organised by the University of Lapland with the help of the Office of the High Commissioner for Human Rights. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
Book Synopsis Indigenous Peoples' Cultural Property Claims by : Karolina Kuprecht
Download or read book Indigenous Peoples' Cultural Property Claims written by Karolina Kuprecht and published by Springer Science & Business Media. This book was released on 2013-11-19 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.
Book Synopsis Indigenous Cultural Heritage and Intellectual Property Rights by : Jessica Christine Lai
Download or read book Indigenous Cultural Heritage and Intellectual Property Rights written by Jessica Christine Lai and published by Springer Science & Business Media. This book was released on 2014-01-08 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.
Book Synopsis Changing Actors in International Law by : Karen Nadine Scott
Download or read book Changing Actors in International Law written by Karen Nadine Scott and published by Developments in International. This book was released on 2020-11-05 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The 15 essays in this book began as papers presented at the Seventh Four Societies Conference hosted at Waseda University, Tokyo, in June 2018, by the Japanese Society of International Law (JSIL). The 'Four Societies' conferences are a collaborative initiative of the American Society of International Law (asil), the Australian New Zealand Society of International Law (ANZSIL), the Canadian Council on International Law (CCIL) and JSIL. The biannual conferences, which began in 2006, provide an opportunity for emerging scholars to foster a collaborative network around a common theme"--
Book Synopsis Treasured Possessions by : Haidy Geismar
Download or read book Treasured Possessions written by Haidy Geismar and published by Duke University Press. This book was released on 2013-06-04 with total page 509 pages. Available in PDF, EPUB and Kindle. Book excerpt: What happens when ritual practitioners from a small Pacific nation make an intellectual property claim to bungee jumping? When a German company successfully sues to defend its trademark of a Māori name? Or when UNESCO deems ephemeral sand drawings to be "intangible cultural heritage"? In Treasured Possessions, Haidy Geismar examines how global forms of cultural and intellectual property are being redefined by everyday people and policymakers in two markedly different Pacific nations. The New Hebrides, a small archipelago in Melanesia managed jointly by Britain and France until 1980, is now the independent nation-state of Vanuatu, with a population that is more than 95 percent indigenous. New Zealand, by contrast, is a settler state and former British colony that engages with its entangled Polynesian and British heritage through an ethos of "biculturalism" that is meant to involve an indigenous population of just 15 percent. Alternative notions of property, resources, and heritage—informed by distinct national histories—are emerging in both countries. These property claims are advanced in national and international settings, but they emanate from specific communities and cultural landscapes, and they are grounded in an awareness of ancestral power and inheritance. They reveal intellectual and cultural property to be not only legal constructs but also powerful ways of asserting indigenous identities and sovereignties.
Book Synopsis Indigenous Heritage and Self-determination by : Tony Simpson
Download or read book Indigenous Heritage and Self-determination written by Tony Simpson and published by IWGIA. This book was released on 1997 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book aims to critically analyze the possible legal mechanisms and processes, which could be used by indigenous peoples in the protection and management of their cultural and intellectual property. The book studies the historic and legal context in which the debate on the rights of indigenous peoples has developed. It analyses mechanisms such as the Convention on Biological Diversity and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS). The book ends with a discussion on the possible courses of action, which indigenous peoples could take in order to improve the levels of protection and management available to them regarding their cultural and intellectual rights.
Book Synopsis International Trade in Indigenous Cultural Heritage by : Christoph Beat Graber
Download or read book International Trade in Indigenous Cultural Heritage written by Christoph Beat Graber and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.
Book Synopsis Protection of First Nations Cultural Heritage by : Catherine Edith Bell
Download or read book Protection of First Nations Cultural Heritage written by Catherine Edith Bell and published by UBC Press. This book was released on 2014-05-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples around the world are seeking greater control over tangible and intangible cultural heritage. In Canada, issues concerning repatriation and trade of material culture, heritage site protection, treatment of ancestral remains, and control over intangible heritage are governed by a complex legal and policy environment. This volume looks at the key features of Canadian, US, and international law influencing indigenous cultural heritage in Canada. Legal and extralegal avenues for reform are examined and opportunities and limits of existing frameworks are discussed. Is a radical shift in legal and political relations necessary for First Nations concerns to be meaningfully addressed?
Book Synopsis The Ethics of Collecting Cultural Property by : Phyllis Mauch Messenger
Download or read book The Ethics of Collecting Cultural Property written by Phyllis Mauch Messenger and published by UNM Press. This book was released on 1999 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts.
Download or read book Utimut written by Mille Gabriel and published by IWGIA. This book was released on 2008 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies a need to move beyond discussions of ownership, power and control in favour of exploring new kinds of partnerships between museums and the peoples or countries of origin, partnerships based on equitability and reconciliation.
Book Synopsis The Concept of Cultural Genocide by : Elisa Novic
Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform understanding of the concept of cultural genocide and thus of the role that international law is expected to fulfil in this regard. The Concept of Cultural Genocide: An International Law Perspective details how international law has approached the core idea underlying the concept of cultural genocide and how this framework can be strengthened and fostered. It traces developments from the early conceptualisation of cultural genocide to the contemporary question of its reparation. Through this journey, the book discusses the evolution of various branches of international law in relation to both cultural protection and cultural destruction in light of a number of legal cases in which either the concept of cultural genocide or the idea of cultural destruction has been discussed. Such cases include the destruction of cultural and religious heritage in Bosnia and Herzegovina, the forced removals of Aboriginal children in Australia and Canada, and the case law of the Inter-American Court of Human Rights in relation to Indigenous and tribal groups' cultural destruction.
Book Synopsis Who Owns Native Culture? by : Michael F. Brown
Download or read book Who Owns Native Culture? written by Michael F. Brown and published by Harvard University Press. This book was released on 2009-07-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Documents the efforts of indigenous peoples to redefine heritage as a protected resource. Michael Brown takes readers into settings where native peoples defend what they consider to be their cultural property ... By focusing on the complexity of actual cases, Brown casts light on indigenous grievances in diverse fields ... He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations"--Jacket.
Book Synopsis Indigenous Intellectual Property Rights by : Mary Riley
Download or read book Indigenous Intellectual Property Rights written by Mary Riley and published by Rowman Altamira. This book was released on 2004 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.
Book Synopsis The Long Way Home by : Paul Turnbull
Download or read book The Long Way Home written by Paul Turnbull and published by Berghahn Books. This book was released on 2010-11-01 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples have long sought the return of ancestral human remains and associated artifacts from western museums and scientific institutions. Since the late 1970s their efforts have led museum curators and researchers to re-evaluate their practices and policies in respect to the scientific uses of human remains. New partnerships have been established between cultural and scientific institutions and indigenous communities. Human remains and culturally significant objects have been returned to the care of indigenous communities, although the fate of bones and burial artifacts in numerous collections remains unresolved and, in some instances, the subject of controversy. In this book, leading researchers from a wide range of disciplines in the humanities and social sciences reflect critically on the historical, cultural, ethical and scientific dimensions of repatriation. Through various case studies they consider the impact of repatriation: what have been the benefits, and in what ways has repatriation given rise to new problems for indigenous people, scientists and museum personnel. It features chapters by indigenous knowledge custodians, who reflect upon recent debates and interaction between indigenous people and researchers in disciplines with direct interests in the continued scientific preservation of human remains. In this book, leading researchers from a wide range of disciplines in the humanities and social sciences reflect critically on the historical, cultural, ethical and scientific dimensions of repatriation. Through various case studies they consider the impact of repatriation: what have been the benefits, and in what ways has repatriation given rise to new problems for indigenous people, scientists and museum personnel. It features chapters by indigenous knowledge custodians, who reflect upon recent debates and interaction between indigenous people and researchers in disciplines with direct interests in the continued scientific preservation of human remains.
Download or read book Whose Culture? written by James Cuno and published by Princeton University Press. This book was released on 2012-05-23 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international controversy over who "owns" antiquities has pitted museums against archaeologists and source countries where ancient artifacts are found. In his book Who Owns Antiquity?, James Cuno argued that antiquities are the cultural property of humankind, not of the countries that lay exclusive claim to them. Now in Whose Culture?, Cuno assembles preeminent museum directors, curators, and scholars to explain for themselves what's at stake in this struggle--and why the museums' critics couldn't be more wrong. Source countries and archaeologists favor tough cultural property laws restricting the export of antiquities, have fought for the return of artifacts from museums worldwide, and claim the acquisition of undocumented antiquities encourages looting of archaeological sites. In Whose Culture?, leading figures from universities and museums in the United States and Britain argue that modern nation-states have at best a dubious connection with the ancient cultures they claim to represent, and that archaeology has been misused by nationalistic identity politics. They explain why exhibition is essential to responsible acquisitions, why our shared art heritage trumps nationalist agendas, why restrictive cultural property laws put antiquities at risk from unstable governments--and more. Defending the principles of art as the legacy of all humankind and museums as instruments of inquiry and tolerance, Whose Culture? brings reasoned argument to an issue that for too long has been distorted by politics and emotionalism. In addition to the editor, the contributors are Kwame Anthony Appiah, Sir John Boardman, Michael F. Brown, Derek Gillman, Neil MacGregor, John Henry Merryman, Philippe de Montebello, David I. Owen, and James C. Y. Watt.
Book Synopsis Indigenous Peoples in International Law by : S. James Anaya
Download or read book Indigenous Peoples in International Law written by S. James Anaya and published by . This book was released on 2004 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this thoroughly revised and updated edition of the first book-length treatment of the subject, S. James Anaya incorporates references to all the latest treaties and recent developments in the international law of indigenous peoples. Anaya demonstrates that, while historical trends in international law largely facilitated colonization of indigenous peoples and their lands, modern international law's human rights program has been modestly responsive to indigenous peoples' aspirations to survive as distinct communities in control of their own destinies. This book provides a theoretically grounded and practically oriented synthesis of the historical, contemporary and emerging international law related to indigenous peoples. It will be of great interest to scholars and lawyers in international law and human rights, as well as to those interested in the dynamics of indigenous and ethnic identity.
Book Synopsis Ancient Indigenous Human Remains and the Law by : Fiona Batt
Download or read book Ancient Indigenous Human Remains and the Law written by Fiona Batt and published by Routledge. This book was released on 2021-08-25 with total page 187 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.
