Indigenous Peoples' Cultural Property Claims - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Peoples' Cultural Property Claims write by Karolina Kuprecht. This book was released on 2013-11-19. Indigenous Peoples' Cultural Property Claims available 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.
Indigenous Peoples' Cultural Heritage
Indigenous Peoples' Cultural Heritage - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Peoples' Cultural Heritage write by Alexandra Xanthaki. This book was released on 2017-10-20. Indigenous Peoples' Cultural Heritage available 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.
In Defense of Property
In Defense of Property - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook In Defense of Property write by Kristen A. Carpenter. This book was released on 2011. In Defense of Property available in PDF, EPUB and Kindle. This article responds to an emerging view, in scholarship and popular society, that it is normatively undesirable to employ property law as a means of protecting indigenous cultural heritage. Recent critiques suggest that protections for cultural property impede the free flow of ideas, speech, and perhaps culture itself. In our view, these critiques arise largely because commentators associate "property" with a narrow model of individual ownership -- emphasizing rights of exclusion and alienation and norms of commensurability and commodification -- that reflects neither the substance of indigenous cultural property claims, nor major theoretical developments in the broader field of property law. Drawing upon the foundational work of Margaret Jane Radin linking "property" to "personhood," this Article situates indigenous cultural property claims (particularly those of American Indians) within the interests of "peoples," and "peoplehood." Further, we observe that whereas individual rights are overwhelmingly advanced by property law's dominant "ownership" model, which consolidates control in the title-holder, the same is not true about indigenous peoples' cultural property claims. Indeed, indigenous peoples often seek to fulfill an ongoing duty of care toward cultural resources in the absence of title. To capture this distinction, we offer a "stewardship" model that draws upon corporate, environmental, and indigenous literature to explain and justify indigenous peoples' cultural property claims in terms of their fiduciary obligations toward cultural resources. By introducing an approach that locates the metaphorical bundle of rights within non-owners as well as owners, we highlight non-owners' duties, rights, and obligations to tangible and intangible goods, even in the absence of title and possession. We do not foreclose the appropriateness of indigenous peoples' ongoing claims to ownership of property wrongfully taken from them, nor do we discount the potentially overlapping nature of ownership and stewardship. Yet we posit that re-envisioning cultural property law in terms of peoplehood and stewardship more fully illuminates both the particular nature of indigenous claims and the potential for property law itself to embrace a broader and more flexible set of interests.
Indigenous Cultural Heritage and Intellectual Property Rights
Indigenous Cultural Heritage and Intellectual Property Rights - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Cultural Heritage and Intellectual Property Rights write by Jessica Christine Lai. This book was released on 2014-01-08. Indigenous Cultural Heritage and Intellectual Property Rights available 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.
Indigenous Cultural Property and International Law
Indigenous Cultural Property and International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Indigenous Cultural Property and International Law write by Shea Elizabeth Esterling. This book was released on 2023-09-08. Indigenous Cultural Property and International Law available 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.
