Creating Indigenous Property
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Creating Indigenous Property
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Author : Angela Cameron
language : en
Publisher: University of Toronto Press
Release Date : 2020
Creating Indigenous Property written by Angela Cameron and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Business & Economics categories.
"In Canada, there is an increased push toward the privatization of Indigenous lands, a problematic development given how central land is to Indigenous societies, cultures, and legal systems. Further complicating this situation is the unique position of Indigenous peoples and the blurred line between private and public law when it comes to analyzing land claims. Furthermore, what is private and what is public is not a clear distinction within Indigenous law, an issue scholars and practitioners are wrestling with more and more. The question that runs through many of the debates around this issue is whether the move towards privatization is a manifestation of the negative forces of capitalism at work or an economic engine the Indigenous peoples can take advantage of to rectify the systemic effects of colonization."--
Property Rights Indigenous People And The Developing World
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Author : David Lea
language : en
Publisher: BRILL
Release Date : 2008-06-25
Property Rights Indigenous People And The Developing World written by David Lea and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-25 with Law categories.
This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion.
Indigenous Peoples And Real Estate Valuation
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Author : Robert A. Simons
language : en
Publisher: Springer Science & Business Media
Release Date : 2009-01-07
Indigenous Peoples And Real Estate Valuation written by Robert A. Simons and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-07 with Business & Economics categories.
Sponsored by the American Real Estate Society (ARES), Indigenous Peoples and Real Estate Valuation addresses a wide variety of timely issues relating to property ownership, rights, and use, including: ancestral burial, historical record of occupancy, treaty implementation problems, eminent domain, the effects of large governmental change, financing projects under formal and informal title or deed document systems, exclusive ownership vs. non-exclusive use rights, public land ownership, tribal or family land claims, insurgency and war, legal systems of ownership, prior government expropriation of lands, moral obligation to indigenous peoples, colonial occupation, and common land leases. These issues can also be broadly grouped into topics, such as conflict between indigenous and western property rights, communal land ownership, land transfer by force, legacy issues related to past colonization and apartheid, and metaphysical/indigenous land value.
Indigenous Peoples Cultural Property Claims
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Author : Karolina Kuprecht
language : en
Publisher: Springer Science & Business Media
Release Date : 2013-11-19
Indigenous Peoples Cultural Property Claims written by Karolina Kuprecht and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-19 with Law categories.
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.
Empire And The Making Of Native Title
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Author : Bain Attwood
language : en
Publisher: Cambridge University Press
Release Date : 2020-07-16
Empire And The Making Of Native Title written by Bain Attwood and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-07-16 with History categories.
This book provides a strikingly original explanation of the Britain's treatment of sovereignty and native title in its Australasian colonies.
Inalienable Properties
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Author : Jamie Baxter
language : en
Publisher: UBC Press
Release Date : 2020-05-31
Inalienable Properties written by Jamie Baxter and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-31 with Law categories.
Inalienable Properties explores contrasting approaches to property rights by four Indigenous communities to illustrate how inalienability – restrictions on the ability to buy and sell land – is linked to community leadership and decision-making structures that have long-lasting consequences for communities. Drawing on new research about institutional change in organizational settings, Jamie Baxter explores when and how community leaders have sustained inalienable land rights without turning to either persuasion or coercive force – the two levers of power normally associated with political leadership. He also challenges the view that liberalized land markets are the inevitable result of legal and economic change.
Indigenous Heritage And Self Determination
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Author : Tony Simpson
language : en
Publisher: IWGIA
Release Date : 1997
Indigenous Heritage And Self Determination written by Tony Simpson and has been published by IWGIA this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Law categories.
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.
Intellectual Property Indigenous People And Their Knowledge
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Author : Peter Drahos
language : en
Publisher:
Release Date : 2014
Intellectual Property Indigenous People And Their Knowledge written by Peter Drahos and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Indigenous peoples categories.
"After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, and how the symbolic function of international intellectual property continues today to assist states to enclose indigenous peoples' knowledge. Drawing on more than 200 interviews, Peter Drahos examines the response of indigenous people to the colonizer's non-developmental property rights. The case studies reveal how they have adapted to the state's extractive order through a process of regulatory bricolage. In order to create a new developmental future for themselves, indigenous developmental networks have been forged - high trust networks that include partnerships with science. Intellectual Property, Indigenous People and their Knowledge argues for a developmental intellectual property order for indigenous people based on a combination of simple rules, principles and a process of regulatory convening"--
Indigenous Intellectual Property Rights
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Author : Mary Riley
language : en
Publisher: Rowman Altamira
Release Date : 2004
Indigenous Intellectual Property Rights written by Mary Riley and has been published by Rowman Altamira this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Business & Economics categories.
Riley and her group of expert contributors supply a unique set of worldwide case studies and policy analyses as guidance for indigenous communities and their partners, in attempting to protect their intellectual property. Much of the existing literature already addresses the poor fit between western regimes of intellectual property rights and the requirements for safeguarding indigenous cultural resources. The manuscript gets beyond these negative claims in depicting positive efforts at protecting indigenous knowledge and cultures, notwithstanding these legal limitations. The reader is exposed to a wide array of legal, political, organizational, and contractual strategies deployed by indigenous groups to protect their intellectual property interests.
Intellectual Property Indigenous People And Their Knowledge
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Author : Peter Drahos
language : en
Publisher: Cambridge University Press
Release Date : 2014-06-12
Intellectual Property Indigenous People And Their Knowledge written by Peter Drahos and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-12 with Education categories.
Drawing on ancestral cosmology of Australia's indigenous people, this book develops a theory of indigenous peoples' innovation and intellectual property.