Protection Of First Nations Cultural Heritage PDF Download
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Author | : Catherine Bell |
Publisher | : UBC Press |
Total Pages | : 463 |
Release | : 2009-05-01 |
Genre | : Law |
ISBN | : 0774858591 |
Download Protection of First Nations Cultural Heritage Book in PDF, ePub and Kindle
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?
Author | : Catherine Bell |
Publisher | : UBC Press |
Total Pages | : 541 |
Release | : 2009-01-01 |
Genre | : Law |
ISBN | : 077485846X |
Download First Nations Cultural Heritage and Law Book in PDF, ePub and Kindle
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.
Author | : Jessica Christine Lai |
Publisher | : Springer Science & Business Media |
Total Pages | : 342 |
Release | : 2014-01-08 |
Genre | : Law |
ISBN | : 331902955X |
Download Indigenous Cultural Heritage and Intellectual Property Rights Book in PDF, ePub and Kindle
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.
Author | : Australian Government - Department of the Environment & Heritage - Environment Australia |
Publisher | : |
Total Pages | : 22 |
Release | : 2002 |
Genre | : Aboriginal Australian property |
ISBN | : 9780642548429 |
Download Ask First Book in PDF, ePub and Kindle
Guidelines include purpose of indigenous heritage conservation and the consultation and negotiation process. Includes indigenous management checklist.
Author | : Vanessa Tünsmeyer |
Publisher | : Springer Nature |
Total Pages | : 527 |
Release | : 2022-01-25 |
Genre | : Law |
ISBN | : 3030890473 |
Download Repatriation of Sacred Indigenous Cultural Heritage and the Law Book in PDF, ePub and Kindle
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.
Author | : Silke von Lewinski |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 564 |
Release | : 2008-01-01 |
Genre | : Law |
ISBN | : 9041124926 |
Download Indigenous Heritage and Intellectual Property Book in PDF, ePub and Kindle
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.
Author | : Marie Battiste |
Publisher | : UBC Press |
Total Pages | : 329 |
Release | : 2000-04-01 |
Genre | : Social Science |
ISBN | : 1895830575 |
Download Protecting Indigenous Knowledge and Heritage Book in PDF, ePub and Kindle
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.
Author | : Tony Simpson |
Publisher | : IWGIA |
Total Pages | : 236 |
Release | : 1997 |
Genre | : Law |
ISBN | : 9788798411031 |
Download Indigenous Heritage and Self-determination Book in PDF, ePub and Kindle
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.
Author | : Alexandra Xanthaki |
Publisher | : BRILL |
Total Pages | : 359 |
Release | : 2017-10-20 |
Genre | : Law |
ISBN | : 9004342192 |
Download Indigenous Peoples' Cultural Heritage Book in PDF, ePub and Kindle
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.
Author | : Erica-Irene A. Daes |
Publisher | : |
Total Pages | : 44 |
Release | : 1997 |
Genre | : Political Science |
ISBN | : |
Download Protection of the Heritage of Indigenous People Book in PDF, ePub and Kindle
This publication provides a basis for appropriate standard-setting by international bodies as well as a number of specific institutional measures to provide indigenous peoples with some immediate relief from the widespread & growing threats to the integrity of their cultural, spiritual, artistic, religious & scientific traditions.