Indigenous Peoples Cultural Property Claims PDF Download
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| Author | : Karolina Kuprecht |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 246 |
| Release | : 2013-11-19 |
| Genre | : Law |
| ISBN | : 3319016555 |
Download Indigenous Peoples' Cultural Property Claims Book in PDF, ePub and Kindle
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.
| 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 | : 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 | : Shea Elizabeth Esterling |
| Publisher | : Taylor & Francis |
| Total Pages | : 220 |
| Release | : 2023-09-08 |
| Genre | : Law |
| ISBN | : 0429594585 |
Download Indigenous Cultural Property and International Law Book in PDF, ePub and Kindle
Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups. In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited. With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.
| Author | : Christoph Beat Graber |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 535 |
| Release | : 2012-01-01 |
| Genre | : Political Science |
| ISBN | : 0857938312 |
Download International Trade in Indigenous Cultural Heritage Book in PDF, ePub and Kindle
This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.
| 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 | : Phyllis Mauch Messenger |
| Publisher | : UNM Press |
| Total Pages | : 336 |
| Release | : 1999 |
| Genre | : Architecture |
| ISBN | : 9780826321251 |
Download The Ethics of Collecting Cultural Property Book in PDF, ePub and Kindle
Explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts.
| 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 | : Thomas C. Greaves |
| Publisher | : |
| Total Pages | : 300 |
| Release | : 1994 |
| Genre | : Law |
| ISBN | : |
Download Intellectual Property Rights for Indigenous Peoples Book in PDF, ePub and Kindle
| Author | : Elisa Novic |
| Publisher | : Oxford University Press |
| Total Pages | : 289 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198787162 |
Download The Concept of Cultural Genocide Book in PDF, ePub and Kindle
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.
