First Nations Cultural Heritage and Law

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Author :
Publisher : UBC Press
ISBN 13 : 077485846X
Total Pages : 541 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis First Nations Cultural Heritage and Law by : Catherine Bell

Download or read book First Nations Cultural Heritage and Law written by Catherine Bell and published by UBC Press. This book was released on 2009-01-01 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.

Protection of First Nations Cultural Heritage

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Author :
Publisher : UBC Press
ISBN 13 : 0774857226
Total Pages : 0 pages
Book Rating : 4.7/5 (748 download)

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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?

Indigenous Cultural Heritage and Intellectual Property Rights

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 331902955X
Total Pages : 342 pages
Book Rating : 4.3/5 (19 download)

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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.

Protection of First Nations Cultural Heritage

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Author :
Publisher : UBC Press
ISBN 13 : 0774858591
Total Pages : 463 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Protection of First Nations Cultural Heritage by : Catherine Bell

Download or read book Protection of First Nations Cultural Heritage written by Catherine Bell and published by UBC Press. This book was released on 2009-05-01 with total page 463 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?

Ask First

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Publisher :
ISBN 13 : 9780642548429
Total Pages : 22 pages
Book Rating : 4.5/5 (484 download)

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Book Synopsis Ask First by : Australian Government - Department of the Environment & Heritage - Environment Australia

Download or read book Ask First written by Australian Government - Department of the Environment & Heritage - Environment Australia and published by . This book was released on 2002 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guidelines include purpose of indigenous heritage conservation and the consultation and negotiation process. Includes indigenous management checklist.

International Trade in Indigenous Cultural Heritage

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 0857938312
Total Pages : 535 pages
Book Rating : 4.8/5 (579 download)

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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.

Indigenous Heritage and Self-determination

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Author :
Publisher : IWGIA
ISBN 13 : 9788798411031
Total Pages : 236 pages
Book Rating : 4.4/5 (11 download)

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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.

Protecting Indigenous Knowledge and Heritage

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Author :
Publisher : UBC Press
ISBN 13 : 1895830575
Total Pages : 329 pages
Book Rating : 4.8/5 (958 download)

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Book Synopsis Protecting Indigenous Knowledge and Heritage by : Marie Battiste

Download or read book Protecting Indigenous Knowledge and Heritage written by Marie Battiste and published by UBC Press. This book was released on 2000-04-01 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether in Canada, the United States, Australia, India, Peru, or Russia, the approximately 500 million Indigenous Peoples in the world have faced a similar fate at the hands of colonizing powers. Assaults on language and culture, commercialization of art, and use of plant knowledge in the development of medicine have taken place all without consent, acknowledgement, or benefit to these Indigenous groups worldwide. Battiste and Henderson passionately detail the devastation these assaults have wrought on Indigenous peoples, why current legal regimes are inadequate to protect Indigenous knowledge, and put forward ideas for reform. Looking at the issues from an international perspective, this book explores developments in various countries including Canada, the United States, Australia, New Zealand, and also the work of the United Nations and relevant international agreements.

The Inherent Rights of Indigenous Peoples in International Law

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Author :
Publisher : Roma TrE-Press
ISBN 13 : 8832136929
Total Pages : 331 pages
Book Rating : 4.8/5 (321 download)

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Book Synopsis The Inherent Rights of Indigenous Peoples in International Law by : Antonietta Di Blase

Download or read book The Inherent Rights of Indigenous Peoples in International Law written by Antonietta Di Blase and published by Roma TrE-Press. This book was released on 2020-02-24 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book highlights the cogency and urgency of the protection of indigenous peoples and discusses crucial aspects of the international legal theory and practice relating to their rights. These rights are not established by states; rather, they are inherent to indigenous peoples because of their human dignity, historical continuity, cultural distinctiveness, and connection to the lands where they have lived from time immemorial. In the past decades, a new awareness of the importance of indigenous rights has emerged at the international level. UN organs have adopted specific international law instruments that protect indigenous peoples. Nonetheless, concerns persist because of continued widespread breaches of such rights. Stemming from a number of seminars organised at the Law Department of the University of Roma Tre, the volume includes contributions by distinguished scholars and practitioners. It is divided into three parts. Part I introduces the main themes and challenges to be addressed, considering the debate on self-determination of indigenous peoples and the theoretical origins of ‘indigenous sovereignty’. Parts II and III explore the protection of indigenous peoples afforded under the international law rules on human rights and investments respectively. Not only do the contributors to this book critically assess the current international legal framework, but they also suggest ways and methods to utilize such legal instruments towards the protection, promotion and fulfi lment of indigenous peoples’ rights, to contribute to the maintenance of peace and the pursuit of justice in international relations. DOI: 10.13134/978-88-32136-92-0

World Heritage Sites and Indigenous Peoples' Rights

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Author :
Publisher : International Work Group for Indigenous Affairs
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis World Heritage Sites and Indigenous Peoples' Rights by : Stefan Disko

Download or read book World Heritage Sites and Indigenous Peoples' Rights written by Stefan Disko and published by International Work Group for Indigenous Affairs. This book was released on 2014 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book includes twenty case studies of World Heritage sites from around the world that explore, from a human rights perspective, indigenous peoples' experiences with World Heritage sites and with the processes of the World Heritage Convention. The book will serve as a resource for indigenous peoples, World Heritage site managers, and UNESCO, as well as academics, and it will contribute to discussions about what changes or actions are needed to ensure that World Heritage sites can play a consistently positive role for indigenous peoples, in line with the spirit of the United Nations Declaration on the Rights of Indigenous Peoples.

Indigenous Heritage and Intellectual Property

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041124926
Total Pages : 564 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Indigenous Heritage and Intellectual Property by : Silke von Lewinski

Download or read book Indigenous Heritage and Intellectual Property written by Silke von Lewinski and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: For indigenous cultures, property is an alien concept. Yet the market-driven industries of the developed world do not hesitate to exploit indigenous raw materials, from melodies to plants, using intellectual property law to justify their behaviour. Existing intellectual property law, for the most part, allows industries to use indigenous knowledge and resources without asking for consent and without sharing the benefits of such exploitation with the indigenous people themselves. It should surprise nobody that indigenous people object. Recognizing that the commercial exploitation of indigenous knowledge and resources takes place in the midst of a genuine and significant clash of cultures, the eight contributors to this important book explore ways in which intellectual property law can expand to accommodate the interests of indigenous people to their traditional knowledge, genetic resources, indigenous names and designations, and folklore. In so doing they touch upon such fundamental issues and concepts as the following: collective rights to the living heritage; relevant human rights norms; benefit-sharing in biological resources; farmers rights; the practical needs of documentation, assistance, and advice; the role of customary law; bioprospecting and biopiracy; and public domain. As a starting point toward mutual understanding and a common basis for communication between Western-style industries and indigenous communities, Indigenous Heritage and Intellectual Property is of immeasurable value. It offers not only an in-depth evaluation of the current legal situation under national, regional and international law including analyses of the Convention on Biological Diversity and other international instruments, as well as initiatives of the World Intellectual Property Organization (WIPO), the UN Food and Agriculture Organization (FAO), and other international bodies but also probes numerous further possibilities. While no one concerned with indigenous culture or environmental issues can afford to ignore it, this book is also of special significance to practitioners and policymakers in intellectual property law in relation to indigenous heritage. This book, here in its second edition, presents the most recent state of knowledge in the field.

Boorun's Canoe

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Publisher :
ISBN 13 : 9781921833243
Total Pages : 56 pages
Book Rating : 4.8/5 (332 download)

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Book Synopsis Boorun's Canoe by : Steaphan Paton

Download or read book Boorun's Canoe written by Steaphan Paton and published by . This book was released on 2013 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: A beautiful and important story about the passing of historical and cultural knowledge from a grandfather to his grandsons. Gunai artist, Steaphan Paton, along with his brothers and cousins, are shown how to make a traditional bark canoe by their 'Pop', Albert Mullett, senior Gunai/Kurnai Elder.

Indigenous Perspectives on Sacred Natural Sites

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Author :
Publisher : Routledge
ISBN 13 : 1351234897
Total Pages : 247 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Indigenous Perspectives on Sacred Natural Sites by : Jonathan Liljeblad

Download or read book Indigenous Perspectives on Sacred Natural Sites written by Jonathan Liljeblad and published by Routledge. This book was released on 2018-12-17 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much previous literature on sacred natural sites has been written from a non-indigenous perspective. In contrast, this book facilitates a greater self-expression of indigenous perspectives regarding treatment of the sacred and its protection and governance in the face of threats from various forms of natural resource exploitation and development. It provides indigenous custodians the opportunity to explain how they view and treat the sacred through a written account that is available to a global audience. It thus illuminates similarities and differences of both definitions, interpretations and governance approaches regarding sacred natural phenomena and their conservation. The volume presents an international range of case studies, from the recent controversy of pipeline construction at Standing Rock, a sacred site for the Sioux people spanning North and South Dakota, to others located in Australia, Canada, East Timor, Hawaii, India, Mexico, Myanmar, Nigeria and the Philippines. Each chapter includes an analytical introduction and conclusion written by the editors to identify common themes, unique insights and key messages. The book is therefore a valuable teaching resource for students of indigenous studies, anthropology, religion, heritage, human rights and law, nature conservation and environmental protection. It will also be of great interest to professionals and NGOs concerned with nature and heritage conservation.

The Right to Protect Sites

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Publisher : Aiatsis Research Publications
ISBN 13 : 9781922102393
Total Pages : 378 pages
Book Rating : 4.1/5 (23 download)

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Book Synopsis The Right to Protect Sites by : Pamela Faye McGrath

Download or read book The Right to Protect Sites written by Pamela Faye McGrath and published by Aiatsis Research Publications. This book was released on 2016-06 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: Have native titles rights made it easier for Aboriginal and Torres Strait Islander peoples to manage special places and protect them from the impacts of development? A large and profitable Indigenous heritage management industry has emerged in the wake of the resources boom of recent decades, with thousands of Indigenous heritage impact assessments conducted every year. Yet few governments have successfully reformed heritage laws to accommodate native title rights, and conflict over site destruction is regularly front page news. "The right to protect sites" examines the key cultural, legal and conceptual complexities of the intersection between native title law and Indigenous heritage. Featuring contributions from native title and heritage experts, among them Graham Atkinson, Deane Fergie, Janet Hunt, Emma Lee, Jo McDonald, Pamela McGrath, Ian McNiven, Benedict Scambary, Carolyn Tan and David Triggger, this timely volume gives an unprecedented overview of Indigenous place-based heritage management regimes around the country. It charts the history of advocacy and policy development and highlights the successes, limitations, inequalities and opportunities of current arrangements.

True Tracks

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Publisher : NewSouth Publishing
ISBN 13 : 1742245277
Total Pages : 533 pages
Book Rating : 4.7/5 (422 download)

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Book Synopsis True Tracks by : Terri Janke

Download or read book True Tracks written by Terri Janke and published by NewSouth Publishing. This book was released on 2021-07-01 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Indigenous cultures are not terra nullius — nobody’s land, free to be taken. True Tracks is a groundbreaking work that paves the way for respectful and ethical engagement with Indigenous cultures. Using real-world cases and personal stories, award-winning Meriam/Wuthathi lawyer Dr Terri Janke draws on twenty years of professional experience to inform and inspire people working across many industries – from art and architecture, to film and publishing, dance, science and tourism. What Indigenous materials and knowledge are you using? How will your project affect and involve Indigenous communities? Are you sharing your profits with those communities? True Tracks helps answer these questions and many more, and provides invaluable guidelines that enable Indigenous peoples to actively practise, manage and strengthen their cultural life. If we keep our tracks true, Indigenous culture and knowledge can benefit everyone and empower future generations. ‘Dr Terri Janke’s True Tracks is a fantastic resource for understanding and engaging with Indigenous art, culture and traditional knowledge.’ — Turia Pitt ‘Whether you’re a black CEO making an encrypted ledger for an art co-op, or a white soccer mum making a multicultural Halloween costume, this book might spare you a lot of heartache down the track.’ — Tyson Yunkaporta ‘The definitive guide to producing, telling, showing, and making Australia.’ — Tara June Winch ‘Terri Janke’s book is the answer to the grand cultural theft perpetrated on Aboriginal and Torres Strait Islander peoples over more than two centuries.’ — Marcia Langton ‘True Tracks provides an authoritative guide that simplifies complex laws and cultural protocols, providing examples for those working in many sectors to enact key principles for Indigenous engagement, including respect and self-determination.’ — Anita Heiss

Repatriation of Sacred Indigenous Cultural Heritage and the Law

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Author :
Publisher : Springer Nature
ISBN 13 : 3030890473
Total Pages : 527 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Repatriation of Sacred Indigenous Cultural Heritage and the Law by : Vanessa Tünsmeyer

Download or read book Repatriation of Sacred Indigenous Cultural Heritage and the Law written by Vanessa Tünsmeyer and published by Springer Nature. This book was released on 2022-01-25 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

Protecting Indigenous Knowledge and Heritage, New Edition

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Author :
Publisher : Purich Books
ISBN 13 : 0774880848
Total Pages : 419 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Protecting Indigenous Knowledge and Heritage, New Edition by : Marie Battiste

Download or read book Protecting Indigenous Knowledge and Heritage, New Edition written by Marie Battiste and published by Purich Books. This book was released on 2024-10-31 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007, the United Nations Declaration on the Rights of Indigenous Peoples became law, extending inherent human rights for the first time to the approximately half a billion Indigenous people around the planet. But nation-states have been slow to rethink their laws and policies. Protecting Indigenous Knowledge and Heritage situates Canadian progress in undertaking these reforms within a global context and explains what Indigenous knowledge is, who may use it, and how to provide it with legal protection. By tracing decade-long negotiations with British Columbia and Canada, this book demonstrates the fundamental role of Indigenous advocacy in developing legislation and action plans to implement inherent rights. This fully new edition tackles current issues in intellectual property rights and topics such as the revision of educational curricula to incorporate Indigenous content and methodologies. What emerges is a proposal for cooperative legal reform that will invigorate Indigenous knowledge systems and heritage.