Protection Of First Nations Cultural Heritage
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Protection Of First Nations Cultural Heritage
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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
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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.
International Trade In Indigenous Cultural Heritage
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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.
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.
Indigenous Peoples Cultural Heritage
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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.
Protection Of The Heritage Of Indigenous People
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Author : Erica-Irene A. Daes
language : en
Publisher:
Release Date : 1997
Protection Of The Heritage Of Indigenous People written by Erica-Irene A. Daes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Political Science categories.
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.
Indigenous Cultural Heritage And Intellectual Property Rights
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Author : Jessica Christine Lai
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-01-08
Indigenous Cultural Heritage And Intellectual Property Rights written by Jessica Christine Lai 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 2014-01-08 with Law categories.
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.
Protection Of The Heritage Of Indigenous People
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Author : Erica-Irene A. Daes
language : en
Publisher:
Release Date : 1994
Protection Of The Heritage Of Indigenous People written by Erica-Irene A. Daes and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Indigenous peoples categories.
Indigenous Rights
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Author : Sarah Sargent
language : en
Publisher: Legend Press Ltd
Release Date : 2016-12-08
Indigenous Rights written by Sarah Sargent and has been published by Legend Press Ltd this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-08 with Political Science categories.
Over 25 years in the making, the UN Declaration on the Rights of Indigenous Peoples is described by the UN as setting "an important standard for the treatment of indigenous peoples that will undoubtedly be a significant tool towards eliminating human rights violations against the planet's 370 million indigenous people and assisting them in combating discrimination and marginalisation."
First Nations Cultural Heritage And Law
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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.