Repatriation Of Sacred Indigenous Cultural Heritage And The Law

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Repatriation of Sacred Indigenous Cultural Heritage and the Law

Vanessa Tünsmeyer
Repatriation of Sacred Indigenous Cultural Heritage and the Law Book PDF

Author : Vanessa Tünsmeyer
Publisher : Springer Nature
Page : 527 pages
File Size : 53,8 Mb
Release : 2022-01-25
Category : Law
ISBN : 9783030890476

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Repatriation of Sacred Indigenous Cultural Heritage and the Law by Vanessa Tünsmeyer Pdf

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

Karolina Kuprecht
Indigenous Peoples Cultural Property Claims Book PDF

Author : Karolina Kuprecht
Publisher : Springer Science & Business Media
Page : 246 pages
File Size : 51,9 Mb
Release : 2013-11-19
Category : Law
ISBN : 9783319016559

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Indigenous Peoples' Cultural Property Claims by Karolina Kuprecht Pdf

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.​

Protection of First Nations Cultural Heritage

Catherine Bell,Robert Paterson
Protection of First Nations Cultural Heritage Book PDF

Author : Catherine Bell,Robert Paterson
Publisher : UBC Press
Page : 463 pages
File Size : 52,7 Mb
Release : 2009-05-01
Category : Law
ISBN : 9780774858595

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Protection of First Nations Cultural Heritage by Catherine Bell,Robert Paterson Pdf

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?

First Nations Cultural Heritage and Law

Catherine Bell,Val Napoleon
First Nations Cultural Heritage and Law Book PDF

Author : Catherine Bell,Val Napoleon
Publisher : UBC Press
Page : 541 pages
File Size : 44,8 Mb
Release : 2009-01-01
Category : Law
ISBN : 9780774858465

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First Nations Cultural Heritage and Law by Catherine Bell,Val Napoleon Pdf

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.

Indigenous Peoples' Cultural Heritage

Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam
Indigenous Peoples Cultural Heritage Book PDF

Author : Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam
Publisher : BRILL
Page : 359 pages
File Size : 41,5 Mb
Release : 2017-10-20
Category : Law
ISBN : 9789004342194

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Indigenous Peoples' Cultural Heritage by Alexandra Xanthaki,Sanna Valkonen,Leena Heinämäki,Piia Kristiina Nuorgam Pdf

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.

The Long Way Home

Paul Turnbull,Michael Pickering
The Long Way Home Book PDF

Author : Paul Turnbull,Michael Pickering
Publisher : Berghahn Books
Page : 219 pages
File Size : 41,6 Mb
Release : 2010-11-01
Category : Art
ISBN : 9781845459598

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The Long Way Home by Paul Turnbull,Michael Pickering Pdf

Indigenous peoples have long sought the return of ancestral human remains and associated artifacts from western museums and scientific institutions. Since the late 1970s their efforts have led museum curators and researchers to re-evaluate their practices and policies in respect to the scientific uses of human remains. New partnerships have been established between cultural and scientific institutions and indigenous communities. Human remains and culturally significant objects have been returned to the care of indigenous communities, although the fate of bones and burial artifacts in numerous collections remains unresolved and, in some instances, the subject of controversy. In this book, leading researchers from a wide range of disciplines in the humanities and social sciences reflect critically on the historical, cultural, ethical and scientific dimensions of repatriation. Through various case studies they consider the impact of repatriation: what have been the benefits, and in what ways has repatriation given rise to new problems for indigenous people, scientists and museum personnel. It features chapters by indigenous knowledge custodians, who reflect upon recent debates and interaction between indigenous people and researchers in disciplines with direct interests in the continued scientific preservation of human remains. In this book, leading researchers from a wide range of disciplines in the humanities and social sciences reflect critically on the historical, cultural, ethical and scientific dimensions of repatriation. Through various case studies they consider the impact of repatriation: what have been the benefits, and in what ways has repatriation given rise to new problems for indigenous people, scientists and museum personnel. It features chapters by indigenous knowledge custodians, who reflect upon recent debates and interaction between indigenous people and researchers in disciplines with direct interests in the continued scientific preservation of human remains.

International Trade in Indigenous Cultural Heritage

Christoph Beat Graber,Karolina Kuprecht,Jessica C. Lai
International Trade in Indigenous Cultural Heritage Book PDF

Author : Christoph Beat Graber,Karolina Kuprecht,Jessica C. Lai
Publisher : Edward Elgar Publishing
Page : 535 pages
File Size : 48,7 Mb
Release : 2012-01-01
Category : Political Science
ISBN : 9780857938312

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International Trade in Indigenous Cultural Heritage by Christoph Beat Graber,Karolina Kuprecht,Jessica C. Lai Pdf

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

Ancient Indigenous Human Remains and the Law

Fiona Batt
Ancient Indigenous Human Remains and the Law Book PDF

Author : Fiona Batt
Publisher : Routledge
Page : 187 pages
File Size : 55,5 Mb
Release : 2021-08-25
Category : Law
ISBN : 9781000427479

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Ancient Indigenous Human Remains and the Law by Fiona Batt Pdf

Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights. The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Utimut

Mille Gabriel,Jens Dahl
Utimut Book PDF

Author : Mille Gabriel,Jens Dahl
Publisher : IWGIA
Page : 217 pages
File Size : 45,9 Mb
Release : 2008
Category : Social Science
ISBN : 9788791563454

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Utimut by Mille Gabriel,Jens Dahl Pdf

This book identifies a need to move beyond discussions of ownership, power and control in favour of exploring new kinds of partnerships between museums and the peoples or countries of origin, partnerships based on equitability and reconciliation.

Indigenous Heritage and Intellectual Property

Silke von Lewinski
Indigenous Heritage and Intellectual Property Book PDF

Author : Silke von Lewinski
Publisher : Kluwer Law International B.V.
Page : 564 pages
File Size : 49,6 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041124920

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Indigenous Heritage and Intellectual Property by Silke von Lewinski Pdf

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 Perspectives on Sacred Natural Sites

Jonathan Liljeblad,Bas Verschuuren
Indigenous Perspectives on Sacred Natural Sites Book PDF

Author : Jonathan Liljeblad,Bas Verschuuren
Publisher : Routledge
Page : 234 pages
File Size : 54,9 Mb
Release : 2018-12-17
Category : Social Science
ISBN : 9781351234894

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Indigenous Perspectives on Sacred Natural Sites by Jonathan Liljeblad,Bas Verschuuren Pdf

Much previous literature on sacred natural sites has been written from a non-indigenous perspective. In contrast, this book facilitates a greater self-expression of indigenous perspectives regarding treatment of the sacred and its protection and governance in the face of threats from various forms of natural resource exploitation and development. It provides indigenous custodians the opportunity to explain how they view and treat the sacred through a written account that is available to a global audience. It thus illuminates similarities and differences of both definitions, interpretations and governance approaches regarding sacred natural phenomena and their conservation. The volume presents an international range of case studies, from the recent controversy of pipeline construction at Standing Rock, a sacred site for the Sioux people spanning North and South Dakota, to others located in Australia, Canada, East Timor, Hawaii, India, Mexico, Myanmar, Nigeria and the Philippines. Each chapter includes an analytical introduction and conclusion written by the editors to identify common themes, unique insights and key messages. The book is therefore a valuable teaching resource for students of indigenous studies, anthropology, religion, heritage, human rights and law, nature conservation and environmental protection. It will also be of great interest to professionals and NGOs concerned with nature and heritage conservation.

Indigenous Heritage and Self-determination

Tony Simpson
Indigenous Heritage and Self determination Book PDF

Author : Tony Simpson
Publisher : IWGIA
Page : 236 pages
File Size : 51,7 Mb
Release : 1997
Category : Law
ISBN : 8798411039

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Indigenous Heritage and Self-determination by Tony Simpson Pdf

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.

Witnesses to History

Lyndel V. Prott
Witnesses to History Book PDF

Author : Lyndel V. Prott
Publisher : UNESCO
Page : 465 pages
File Size : 40,8 Mb
Release : 2009-01-01
Category : Business & Economics
ISBN : 9789231041280

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Witnesses to History by Lyndel V. Prott Pdf

This Compendium gives an outline of the historical, philosophical and ethical aspects of the return of cultural objects (e.g. cultural objects displaced during war or in colonial contexts), cites past and present cases (Maya Temple Facade, Nigerian Bronzes, United States of America v. Schultz, Parthenon Marbles and many more) and analyses legal issues (bona fide, relevant UNESCO and UNIDROIT Conventions, Supreme Court Decisions, procedure for requests etc.). It is a landmark publication that bears testament to the ways in which peoples have lost their entire cultural heritage and analyses the issue of its return and restitution by providing a wide range of perspectives on this subject. Essential reading for students, specialists, scholars and decision-makers as well as those interested in these topics.

Colonial Heritage, Power, and Contestation

Camila Andrea Malig Jedlicki,Naomi Oosterman,Rodrigo Christofoletti
Colonial Heritage Power and Contestation Book PDF

Author : Camila Andrea Malig Jedlicki,Naomi Oosterman,Rodrigo Christofoletti
Publisher : Springer Nature
Page : 294 pages
File Size : 40,9 Mb
Release : 2024-01-01
Category : Social Science
ISBN : 9783031377488

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Colonial Heritage, Power, and Contestation by Camila Andrea Malig Jedlicki,Naomi Oosterman,Rodrigo Christofoletti Pdf

Recent debates about the return of colonially looted heritage have furthered the discussions on decolonisation around the world, and have reignited questions surrounding “what is, and who owns, cultural heritage”. These discourses in the meaning, production and management of heritage – with a growing presence of themes that address “Latinities” – have gained greater visibility in Latin America and the Caribbean, as challenges surrounding cultural heritage arise more prominently worldwide. The attention on this region aims to contextualise the various theoretical, empirical, and critical perspectives in relation to the negotiation of decolonisation. Hence, this book focuses on the analysis of diverse modes of confronting the power underlying colonial heritage that can contribute to pushing boundaries and persuading changes in pre-established definitions of political thought and local identities. To this end, the chapters in this book focus on a wide scope of topics, ranging from the repatriation and restitution of cultural heritage, and diasporic movements to decolonial practices around monuments, museums, and education. In so doing, this volume challenges stereotypes that made Latin America and the Caribbean a space of mere reproducibility of external ideas, and instead provides a space to show current decolonial perspectives and practices developed in the region that will enrich the international debate on the contestation of colonial legacies and decolonisation of cultural heritage.

Sacred Claims

Greg Johnson
Sacred Claims Book PDF

Author : Greg Johnson
Publisher : University of Virginia Press
Page : 210 pages
File Size : 44,5 Mb
Release : 2007
Category : History
ISBN : 0813926610

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Sacred Claims by Greg Johnson Pdf

The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 provides a legal framework within which Native Americans can seek the repatriation of human remains and certain categories of cultural objects--including "sacred objects"--from federally funded institutions. Although the repatriation movement among Native Americans has heretofore received scholarly attention specifically focused on this act, Sacred Claims is the first book to analyze the ways in which religious discourse is used to articulate repatriation claims. Greg Johnson takes this act as one instance in a larger context wherein native peoples around the globe must engage legal arenas in order to preserve their heritage. Methodologically, Sacred Claims is based on a close reading of government documents concerning the law and participant observation in a variety of NAGPRA-related events and provides the background and legislative history of the law, the life history of the act's axial term cultural affiliation (the most delicate and least understood aspect of NAGPRA), and several case studies of highly visible and contentious Hawaiian repatriation disputes. Johnson then moves beyond the strictly legal context to analyze NAGPRA discourse in the public realm. He concludes by way of a theoretical treatment of the foregoing issues, arguing that religious language was the chief means by which native representatives ultimately persuaded non-native audiences of the applicability of widely-held human rights principles to their cultural remains. Theorizing modes of cultural vitality in the repatriation context, Johnson argues that living tradition is not found in the objects themselves but is instead located in struggles over them. With the law on the brink of receiving crucial tests, and repatriation issues making daily headlines in Native American and Hawaiian news, Sacred Claims is a timely and necessary examination of these issues.