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Indigenous Peoples' Cultural Property Claims - Repatriation and Beyond (Hardcover, 2014 ed.)
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Indigenous Peoples' Cultural Property Claims - Repatriation and Beyond (Hardcover, 2014 ed.)
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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. "
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