Indigenous Peoples Cultural Property Claims

Author: Karolina Kuprecht
Publisher: Springer Science & Business Media
ISBN: 3319016555
Size: 16.92 MB
Format: PDF, ePub
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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.​

Protection Of First Nations Cultural Heritage

Author: Catherine Edith Bell
Publisher: UBC Press
ISBN: 0774857226
Size: 19.79 MB
Format: PDF, ePub, Mobi
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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?

Beyond The Indian Act

Author: Tom Flanagan
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773581847
Size: 29.77 MB
Format: PDF, ePub, Mobi
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The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages. An engaging and well-reasoned book, Beyond the Indian Act is a bold argument for a new system that could improve the quality of life for First Nations people in communities across the country.

Who Owns Native Culture

Author: Michael F. Brown
Publisher: Harvard University Press
ISBN: 9780674028883
Size: 10.16 MB
Format: PDF
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"Documents the efforts of indigenous peoples to redefine heritage as a protected resource. Michael Brown takes readers into settings where native peoples defend what they consider to be their cultural property ... By focusing on the complexity of actual cases, Brown casts light on indigenous grievances in diverse fields ... He finds both genuine injustice and, among advocates for native peoples, a troubling tendency to mimic the privatizing logic of major corporations"--Jacket.

Beyond Intellectual Property

Author: Darrell Addison Posey
Publisher: IDRC
ISBN: 9780889367999
Size: 54.32 MB
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Beyond Intellectual Property: Toward traditional resources rights for indigenous peoples and local communities

The Return Of Cultural Treasures

Author: Jeanette Greenfield
Publisher: Cambridge University Press
ISBN: 0521802164
Size: 31.58 MB
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This is a new edition of Greenfield's pioneering study about the legal, political and historical aspects of cultural restitution.

Law Ethics And The Visual Arts

Author: John Henry Merryman
Publisher: Kluwer Law International
ISBN: 9041198822
Size: 72.18 MB
Format: PDF, Kindle
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No legal scholar has been as passionate and articulate about the visual arts as John Henry Merryman. This new book, the fourth edition of his classic Law, Ethics and the Visual Arts, revised in collaboration with Albert E. Elsen, incorporates razor-sharp insights into numerous developments that have occurred in recent years, from the widespread bomb damage of the nineties to such specialised agreements as the UNESCO Convention on Protection of the Underwater Cultural Heritage. As readers have come to expect from earlier editions, historical underpinnings and patterns are clearly traced for every issue raised. These issues include: 'military necessity' as justification for destruction ugly, obscene, or offensive artworks as 'free speech' fakes and forgeries the inner workings of art auctions laws relating to art crimes: who do they protect? trade in antiquities .. and much else besides. A documentary appendix presents the texts of 23 relevant laws, conventions, treaties, declarations, resolutions, guidelines, codes of professional practice, and the terms and conditions of sale of major art auction houses. Although the last decade has witnessed more than a few episodes of shocking cultural destruction, Merryman and Elsen note a great surge in worldwide consciousness of the unique, irreplaceable character of art, and a significant rollback of the cultural prejudices that have been ebbing away since the 1954 Hague Convention declared all art works, whatever their origin, to be 'the cultural heritage of mankind.' Whether you need to understand something as provocative as who owns the past, or something as mundane as whether a museum can sell part of its collection in order to fix the roof, this book will set you on the right course. It combines unassailable scholarship with a deeply humanistic approach, recognising that law and art each (in the words of Paul Freund) 'impose a measure of order on the disorder of experience without stifling the underlying diversity, spontaneity, and disarray.'

Museums Heritage And Indigenous Voice

Author: Bryony Onciul
Publisher: Routledge
ISBN: 1317671805
Size: 79.66 MB
Format: PDF, Docs
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Current discourse on Indigenous engagement in museum studies is often dominated by curatorial and academic perspectives, in which community voice, viewpoints, and reflections on their collaborations can be under-represented. This book provides a unique look at Indigenous perspectives on museum community engagement and the process of self-representation, specifically how the First Nations Elders of the Blackfoot Confederacy have worked with museums and heritage sites in Alberta, Canada, to represent their own culture and history. Situated in a post-colonial context, the case-study sites are places of contention, a politicized environment that highlights commonly hidden issues and naturalized inequalities built into current approaches to community engagement. Data from participant observation, archives, and in-depth interviewing with participants brings Blackfoot community voice into the text and provides an alternative understanding of self and cross-cultural representation. Focusing on the experiences of museum professionals and Blackfoot Elders who have worked with a number of museums and heritage sites, Indigenous Voices in Cultural Institutions unpicks the power and politics of engagement on a micro level and how it can be applied more broadly, by exposing the limits and challenges of cross-cultural engagement and community self-representation. The result is a volume that provides readers with an in-depth understanding of the nuances of self-representation and decolonization.