First Nations Cultural Heritage And Law

DOWNLOAD

Download First Nations Cultural Heritage And Law PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get First Nations Cultural Heritage And Law book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page

Protection Of First Nations Cultural Heritage

DOWNLOAD
Author : Catherine Bell
language : en
Publisher: UBC Press
Release Date : 2009-05-01

Protection Of First Nations Cultural Heritage written by Catherine Bell and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-05-01 with Law categories.

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?

Indigenous Heritage And Intellectual Property

DOWNLOAD
Author : Silke von Lewinski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-01-01

Indigenous Heritage And Intellectual Property written by Silke von Lewinski and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Law categories.

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.

Indigenous Peoples Cultural Heritage

DOWNLOAD
Author : Alexandra Xanthaki
language : en
Publisher: BRILL
Release Date : 2017-10-20

Indigenous Peoples Cultural Heritage written by Alexandra Xanthaki and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-20 with Law categories.

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.

First Nations Cultural Heritage And Law

DOWNLOAD
Author : Catherine Bell
language : en
Publisher: UBC Press
Release Date : 2009-01-01

First Nations Cultural Heritage And Law written by Catherine Bell and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-01-01 with Law categories.

First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.

International Trade In Indigenous Cultural Heritage

DOWNLOAD
Author : Christoph Beat Graber
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01

International Trade In Indigenous Cultural Heritage written by Christoph Beat Graber and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Political Science categories.

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

Repatriation Of Sacred Indigenous Cultural Heritage And The Law

DOWNLOAD
Author : Vanessa Tünsmeyer
language : en
Publisher: Springer Nature
Release Date : 2022-01-25

Repatriation Of Sacred Indigenous Cultural Heritage And The Law written by Vanessa Tünsmeyer and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-25 with Law categories.

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.

Indigenous Peoples Cultural Property Claims

DOWNLOAD
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.​

Cultural Law

DOWNLOAD
Author : James A. R. Nafziger
language : en
Publisher: Cambridge University Press
Release Date : 2010-11

Cultural Law written by James A. R. Nafziger 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 2010-11 with Law categories.

A collection on cultural law that demonstrates efficacy of comparative, international, and indigenous law in the context of culture-related issues.

Indigenous Heritage And Self Determination

DOWNLOAD
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 Cultural Property And Intangible Cultural Heritage

DOWNLOAD
Author : Christoph Antons
language : en
Publisher: Routledge
Release Date : 2017-12-06

Intellectual Property Cultural Property And Intangible Cultural Heritage written by Christoph Antons and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-06 with Social Science categories.

Intellectual Property, Cultural Property and Intangible Cultural Heritage examines various notions of property in relation to intangible cultural heritage and discusses how these ideas are employed in rights discourses by governments and indigenous and local communities around the world. There is a strong historical dimension to the book’s exploration of the interconnection between intellectual and cultural property, intangible cultural heritage and indigenous rights discourses. UNESCO conventions, discussions in the World Intellectual Property Organization (WIPO), the Convention on Biological Diversity and the recent emphasis on intangible cultural heritage have provided various discourses and models. The volume explores these developments, as well as recent cases of conflicts and cross-border disputes about heritage, using case studies from Asia, Europe and Australia to scrutinize the key issues. Intellectual Property, Cultural Property and Intangible Cultural Heritage will be essential reading for scholars and students engaged in the study of heritage, law, history, anthropology and cultural studies.