Indigenous Peoples' Cultural Property Claims

Indigenous Peoples' Cultural Property Claims

Author: Karolina Kuprecht

Publisher: Springer Science & Business Media

Published: 2013-11-19

Total Pages: 246

ISBN-13: 3319016555

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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 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 246 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.​


Indigenous Peoples' Cultural Heritage

Indigenous Peoples' Cultural Heritage

Author: Alexandra Xanthaki

Publisher: BRILL

Published: 2017-10-20

Total Pages: 359

ISBN-13: 9004342192

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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 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.


International Trade in Indigenous Cultural Heritage

International Trade in Indigenous Cultural Heritage

Author: Christoph Beat Graber

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 535

ISBN-13: 0857938312

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This text sets the standard for researchers working on the difficult issues raised by trade and commerce in indigenous cultural heritage.


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.


Indigenous Cultural Property and International Law

Indigenous Cultural Property and International Law

Author: Shea Elizabeth Esterling

Publisher: Taylor & Francis

Published: 2023-09-08

Total Pages: 220

ISBN-13: 0429594585

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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.


Book Synopsis Indigenous Cultural Property and International Law by : Shea Elizabeth Esterling

Download or read book Indigenous Cultural Property and International Law written by Shea Elizabeth Esterling and published by Taylor & Francis. This book was released on 2023-09-08 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Protection of First Nations Cultural Heritage

Protection of First Nations Cultural Heritage

Author: Catherine Bell

Publisher: UBC Press

Published: 2009-05-01

Total Pages: 463

ISBN-13: 0774858591

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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?


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?


The Ethics of Collecting Cultural Property

The Ethics of Collecting Cultural Property

Author: Phyllis Mauch Messenger

Publisher: UNM Press

Published: 1999

Total Pages: 336

ISBN-13: 9780826321251

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Explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts.


Book Synopsis The Ethics of Collecting Cultural Property by : Phyllis Mauch Messenger

Download or read book The Ethics of Collecting Cultural Property written by Phyllis Mauch Messenger and published by UNM Press. This book was released on 1999 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the ethical, legal, and intellectual issues related to excavating, selling, collecting, and owning cultural artifacts.


Intellectual Property Rights for Indigenous Peoples

Intellectual Property Rights for Indigenous Peoples

Author: Thomas C. Greaves

Publisher:

Published: 1994

Total Pages: 300

ISBN-13:

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Book Synopsis Intellectual Property Rights for Indigenous Peoples by : Thomas C. Greaves

Download or read book Intellectual Property Rights for Indigenous Peoples written by Thomas C. Greaves and published by . This book was released on 1994 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt:


Protection of the Heritage of Indigenous People

Protection of the Heritage of Indigenous People

Author: Erica-Irene A. Daes

Publisher:

Published: 1997

Total Pages: 44

ISBN-13:

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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.


Book Synopsis Protection of the Heritage of Indigenous People by : Erica-Irene A. Daes

Download or read book Protection of the Heritage of Indigenous People written by Erica-Irene A. Daes and published by . This book was released on 1997 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


The Concept of Cultural Genocide

The Concept of Cultural Genocide

Author: Elisa Novic

Publisher: Oxford University Press

Published: 2016

Total Pages: 289

ISBN-13: 0198787162

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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.


Book Synopsis The Concept of Cultural Genocide by : Elisa Novic

Download or read book The Concept of Cultural Genocide written by Elisa Novic and published by Oxford University Press. This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.


Whose Culture?

Whose Culture?

Author: James Cuno

Publisher: Princeton University Press

Published: 2012-05-23

Total Pages: 232

ISBN-13: 1400833043

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The international controversy over who "owns" antiquities has pitted museums against archaeologists and source countries where ancient artifacts are found. In his book Who Owns Antiquity?, James Cuno argued that antiquities are the cultural property of humankind, not of the countries that lay exclusive claim to them. Now in Whose Culture?, Cuno assembles preeminent museum directors, curators, and scholars to explain for themselves what's at stake in this struggle--and why the museums' critics couldn't be more wrong. Source countries and archaeologists favor tough cultural property laws restricting the export of antiquities, have fought for the return of artifacts from museums worldwide, and claim the acquisition of undocumented antiquities encourages looting of archaeological sites. In Whose Culture?, leading figures from universities and museums in the United States and Britain argue that modern nation-states have at best a dubious connection with the ancient cultures they claim to represent, and that archaeology has been misused by nationalistic identity politics. They explain why exhibition is essential to responsible acquisitions, why our shared art heritage trumps nationalist agendas, why restrictive cultural property laws put antiquities at risk from unstable governments--and more. Defending the principles of art as the legacy of all humankind and museums as instruments of inquiry and tolerance, Whose Culture? brings reasoned argument to an issue that for too long has been distorted by politics and emotionalism. In addition to the editor, the contributors are Kwame Anthony Appiah, Sir John Boardman, Michael F. Brown, Derek Gillman, Neil MacGregor, John Henry Merryman, Philippe de Montebello, David I. Owen, and James C. Y. Watt.


Book Synopsis Whose Culture? by : James Cuno

Download or read book Whose Culture? written by James Cuno and published by Princeton University Press. This book was released on 2012-05-23 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international controversy over who "owns" antiquities has pitted museums against archaeologists and source countries where ancient artifacts are found. In his book Who Owns Antiquity?, James Cuno argued that antiquities are the cultural property of humankind, not of the countries that lay exclusive claim to them. Now in Whose Culture?, Cuno assembles preeminent museum directors, curators, and scholars to explain for themselves what's at stake in this struggle--and why the museums' critics couldn't be more wrong. Source countries and archaeologists favor tough cultural property laws restricting the export of antiquities, have fought for the return of artifacts from museums worldwide, and claim the acquisition of undocumented antiquities encourages looting of archaeological sites. In Whose Culture?, leading figures from universities and museums in the United States and Britain argue that modern nation-states have at best a dubious connection with the ancient cultures they claim to represent, and that archaeology has been misused by nationalistic identity politics. They explain why exhibition is essential to responsible acquisitions, why our shared art heritage trumps nationalist agendas, why restrictive cultural property laws put antiquities at risk from unstable governments--and more. Defending the principles of art as the legacy of all humankind and museums as instruments of inquiry and tolerance, Whose Culture? brings reasoned argument to an issue that for too long has been distorted by politics and emotionalism. In addition to the editor, the contributors are Kwame Anthony Appiah, Sir John Boardman, Michael F. Brown, Derek Gillman, Neil MacGregor, John Henry Merryman, Philippe de Montebello, David I. Owen, and James C. Y. Watt.