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This timely and pioneering volume provides an ethnically sensitive
exploration of the international trade in indigenous cultural
heritage. The country reports are informative and insightful; they
greatly enrich our understanding of the realities on the ground in
Australia, Canada, New Zealand and the United States. The book also
contains concrete and practical recommendations. It is essential
reading for anyone interested in learning more about the protection
and development of indigenous cultural heritage.' - Peter K. Yu,
Drake University Law School, US'Christoph Graber, Karolina Kuprecht
and Jessica Lai have brought together authors who know the field,
given them a set of concrete themes and through meticulous editing
have produced an integrated work that has the strength of
collective insight. This book sets the standard for researchers
working on those difficult issues raised by trade and commerce in
indigenous cultural heritage.' - Peter Drahos, Australian National
University This topical book brings to the fore new and
standard-setting research into the connection between indigenous
cultural heritage, international trade and economic development of
indigenous peoples. The book is unique in taking a multi-faceted
approach to cultural heritage, incorporating discussion on tangible
and intangible, moveable and immoveable elements of indigenous
peoples' culture. From the perspectives of several international
legal fields, including trade law, intellectual property, cultural
property, cultural heritage law and human rights, the book explores
how indigenous peoples could be empowered to participate more
actively in the trade of their cultural heritage without being
compelled to renounce important traditional values. The national
and local legal realities in four jurisdictions (New Zealand,
Australia, United States and Canada) lay the scene for a
wide-ranging analysis of various possibilities and proposals on how
this might be achieved. International Trade in Indigenous Cultural
Heritage will appeal to legal scholars and practitioners interested
in cultural property and heritage, intellectual property, trade law
and human rights. Policy-makers within governmental departments and
international organisations will also find much to interest them in
this detailed study as will anyone working in the field of
indigenous rights. Contributors: C. Antons, F. Bandarin, C. Bell,
K. Bowrey, D. Champagne, P.L.A.H. Chartrand, R.J. Coombe, S.
Frankel, M. Girsberger, C.E. Goldberg, C.B. Graber, K. Kuprecht,
J.C. Lai, F. Lenzerini, F. Macmillan, B. Muller, J. Scott, K.
Siehr, R. Tsosie, J.F. Turcotte, B. Vezina
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.
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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