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Repatriation Of Sacred Indigenous Cultural Heritage And The Law
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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.
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 241 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 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?
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 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.
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 2017-10-20 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 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.
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 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.
Download or read book Material Culture in Flux written by and published by . This book was released on 1995 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Book Synopsis Colonial Heritage, Power, and Contestation by : Camila Andrea Malig Jedlicki
Download or read book Colonial Heritage, Power, and Contestation written by Camila Andrea Malig Jedlicki and published by Springer Nature. This book was released on 2024-01-01 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent debates about the return of colonially looted heritage have furthered the discussions on decolonisation around the world, and have reignited questions surrounding “what is, and who owns, cultural heritage”. These discourses in the meaning, production and management of heritage – with a growing presence of themes that address “Latinities” – have gained greater visibility in Latin America and the Caribbean, as challenges surrounding cultural heritage arise more prominently worldwide. The attention on this region aims to contextualise the various theoretical, empirical, and critical perspectives in relation to the negotiation of decolonisation. Hence, this book focuses on the analysis of diverse modes of confronting the power underlying colonial heritage that can contribute to pushing boundaries and persuading changes in pre-established definitions of political thought and local identities. To this end, the chapters in this book focus on a wide scope of topics, ranging from the repatriation and restitution of cultural heritage, and diasporic movements to decolonial practices around monuments, museums, and education. In so doing, this volume challenges stereotypes that made Latin America and the Caribbean a space of mere reproducibility of external ideas, and instead provides a space to show current decolonial perspectives and practices developed in the region that will enrich the international debate on the contestation of colonial legacies and decolonisation of cultural heritage.
Book Synopsis The Oxford Handbook of International Cultural Heritage Law by : Francesco Francioni
Download or read book The Oxford Handbook of International Cultural Heritage Law written by Francesco Francioni and published by Oxford University Press, USA. This book was released on 2020 with total page 1088 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a cutting edge study of international cultural heritage law, taking stock of the recent developments, core concepts, andcurrent challenges. --Résumé de l'éditeur.
Download or read book Sacred Claims written by Greg Johnson and published by University of Virginia Press. This book was released on 2007 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 provides a legal framework within which Native Americans can seek the repatriation of human remains and certain categories of cultural objects--including "sacred objects"--from federally funded institutions. Although the repatriation movement among Native Americans has heretofore received scholarly attention specifically focused on this act, Sacred Claims is the first book to analyze the ways in which religious discourse is used to articulate repatriation claims. Greg Johnson takes this act as one instance in a larger context wherein native peoples around the globe must engage legal arenas in order to preserve their heritage. Methodologically, Sacred Claims is based on a close reading of government documents concerning the law and participant observation in a variety of NAGPRA-related events and provides the background and legislative history of the law, the life history of the act's axial term cultural affiliation (the most delicate and least understood aspect of NAGPRA), and several case studies of highly visible and contentious Hawaiian repatriation disputes. Johnson then moves beyond the strictly legal context to analyze NAGPRA discourse in the public realm. He concludes by way of a theoretical treatment of the foregoing issues, arguing that religious language was the chief means by which native representatives ultimately persuaded non-native audiences of the applicability of widely-held human rights principles to their cultural remains. Theorizing modes of cultural vitality in the repatriation context, Johnson argues that living tradition is not found in the objects themselves but is instead located in struggles over them. With the law on the brink of receiving crucial tests, and repatriation issues making daily headlines in Native American and Hawaiian news, Sacred Claims is a timely and necessary examination of these issues.
Download or read book Sacred Claims written by Greg Johnson and published by . This book was released on 2007 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 provides a legal framework within which Native Americans can seek the repatriation of human remains and certain categories of cultural objects--including "sacred objects"--from federally funded institutions. Although the repatriation movement among Native Americans has heretofore received scholarly attention specifically focused on this act, Sacred Claims is the first book to analyze the ways in which religious discourse is used to articulate repatriation claims. Greg Johnson takes this act as one instance in a larger context wherein native peoples around the globe must engage legal arenas in order to preserve their heritage. Methodologically, Sacred Claims is based on a close reading of government documents concerning the law and participant observation in a variety of NAGPRA-related events and provides the background and legislative history of the law, the life history of the act's axial term cultural affiliation (the most delicate and least understood aspect of NAGPRA), and several case studies of highly visible and contentious Hawaiian repatriation disputes. Johnson then moves beyond the strictly legal context to analyze NAGPRA discourse in the public realm. He concludes by way of a theoretical treatment of the foregoing issues, arguing that religious language was the chief means by which native representatives ultimately persuaded non-native audiences of the applicability of widely-held human rights principles to their cultural remains. Theorizing modes of cultural vitality in the repatriation context, Johnson argues that living tradition is not found in the objects themselves but is instead located in struggles over them. With the law on the brink of receiving crucial tests, and repatriation issues making daily headlines in Native American and Hawaiian news, Sacred Claims is a timely and necessary examination of these issues.
Book Synopsis Changing Heritage by : Francesco Bandarin
Download or read book Changing Heritage written by Francesco Bandarin and published by Taylor & Francis. This book was released on 2024-04-09 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Changing Heritage presents the most comprehensive analysis of heritage issues available today. Critically analysing the complexity of the current and forthcoming issues faced by heritage, it presents insightful directions for the future. Drawing on the author’s many years of experience working in senior positions at UNESCO, the book presents discussions of heritage sites all around the world. Today, our cultural and natural legacies face significant threats due to social and economic developments, political pressures, and unresolved historical issues. This book delves into these threats from two distinct perspectives: internal tensions and external pressures. The internal tensions include the disregard for human rights and gender equality; the increasing exploitation of heritage for political purposes; the development of post-colonial perspectives; and the necessity to reassess the established notion of "universal value." External pressures stem from global processes, unsustainable tourism, political conflicts, ethnic clashes, and religious strife that are causing destruction in numerous parts of the world. Examining the dynamics between heritage and these internal tensions and external pressures, Bandarin offers insights into the challenges faced and emphasises the imperative role of civil society in safeguarding the value of heritage for present and future generations. Changing Heritage explores a wide range of issues surrounding the crisis in heritage management on an international level. It will be essential reading for heritage scholars, students, and professionals
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.
