International Trade in Indigenous 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 International Trade in Indigenous Cultural Heritage write by Christoph Beat Graber. This book was released on 2012-01-01. International Trade in Indigenous Cultural Heritage available 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.
Indigenous Peoples' Cultural Property Claims
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 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 Heritage and Intellectual Property
Indigenous Heritage and Intellectual 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 Indigenous Heritage and Intellectual Property write by Silke von Lewinski. This book was released on 2008-01-01. Indigenous Heritage and Intellectual Property available 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.
Culture and International Economic Law
Culture and International Economic 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 Culture and International Economic Law write by Valentina Vadi. This book was released on 2015-02-11. Culture and International Economic Law available in PDF, EPUB and Kindle. Globalization and international economic governance offer unprecedented opportunities for cultural exchange. Foreign direct investments can promote cultural diversity and provide the funds needed to locate, recover and preserve cultural heritage. Nonetheless, globalization and international economic governance can also jeopardize cultural diversity and determine the erosion of the cultural wealth of nations. Has an international economic culture emerged that emphasizes productivity and economic development at the expense of the common wealth? This book explores the ‘clash of cultures’ between international law and international cultural law, and asks whether States can promote economic development without infringing their cultural wealth. The book contains original chapters by experts in the field. Key issues include how international courts and tribunals are adjudicating culture–related cases; the interplay between indigenous peoples' rights and economic globalization; and the relationships between culture, human rights, and economic activities. The book will be of great interest and use to researchers and students of international trade law, cultural heritage law, and public international law.
