This book deals with the values of medicinal plants and associated knowledge(s) in the field of bioprospecting in post-apartheid South Africa. The picture presented here contributes to the widely discussed yet so far unresolved question of how to appropriately share benefits, and how to protect indigenous knowledge in this field.
Against the backdrop of international conventions and their implementation, Cultural Property and Contested Ownership explores how highly-valued cultural goods are traded and negotiated among diverging parties and their interests. Cultural artefacts, such as those kept and trafficked between art dealers, private collectors and museums, have become increasingly localized in a ‘Bermuda triangle’ of colonialism, looting and the black market, with their re-emergence resulting in disputes of ownership and claims for return. This interdisciplinary volume provides the first book-length investigation of the changing behaviours resulting from the effect of the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. The collection considers the impact of the Convention on the way antiquity dealers, museums and auction houses, as well as nation states and local communities, address issues of provenance, contested ownership, and the trafficking of cultural property. The book contains a range of contributions from anthropologists, lawyers, historians and archaeologists. Individual cases are examined from a bottom-up perspective and assessed from the viewpoint of international law in the Epilogue. Each section is contextualised by an introductory chapter from the editors.
Property relations are such a common feature of social life that the complexity of the web of laws, practices, and ideas that allow a property regime to function smoothly are often forgotten. But we are quickly reminded of this complexity when conflict over property erupts. When social actors confront a property regime – for example by squatting – they enact what can be called ‘contested property claims’. As this book demonstrates, these confrontations raise crucial issues of social justice and show the ways in which property conflicts often reflect wider social conflicts. Through a series of case studies from across the globe, this multidisciplinary anthology brings together works from anthropologists, legal scholars, and geographers, who show how exploring contested property claims offers a privileged window onto how property regimes function, as well as an illustration of the many ways that the institution of property shapes power relationships today.
Jane M. Gaines examines the phenomenon of images as property, focusing on the legal staus of mechanically produced visual and audio images from popular culture. Bridging the fields of critical legal studies and cultural studies, she analyzes copyright, trademark, and intellectual property law, asking how the law constructs works of authorship and who owns the country's cultural heritage.
Intellectual Property at the Edge addresses both newly formed intellectual property rights and those which have lurked on the fringes, unadmitted to the established IP canon. It provides a basis for studying and discussing the history of these emerging rights as well as their relationship to new technological opportunities and to the changing importance of innovation and creative production in the global economy. In addition to addressing the scope of new rights, it also focuses on new limitations to patent, copyright and trademark rights that spring from similar changes. All of these developments are examined comparatively: for each new development, scholars in two jurisdictions analyse the evolving legal norm. In several instances, the first of the paired authors writes from the perspective of the legal system in which the doctrine emerged, and the second addresses its reception in her jurisdiction.
Contested Sites in Jerusalem is the third and final volume in a series of books which collectively present in detail the work of the Jerusalem Old City Initiative, or JOCI, a major Canadian-led Track Two diplomatic effort, undertaken between 2003 and 2014. The aim of the Initiative was to find sustainable governance solutions for the Old City of Jerusalem, arguably the most sensitive and intractable of the final status issues dividing Palestinians and Israelis. This book examines the complex and often contentious issues that arise from the overlapping claims to the Temple Mount/Haram al-Sharif, the role of UNESCO, and the major implications of the JOCI Special Regime for such issues as archaeology, property, and the economy. Part I is dedicated to holy sites – ground zero of the Israeli–Palestinian conflict, a point reinforced by the autumn 2014 disturbances which threatened to spiral out of control and engulf Palestinians and Israelis in yet another wave of violence. Parts II–IV of the volume contain studies on archaeology, property, and economics that were written after the completion of the Special Regime model, specifically to address in depth how a Special Regime would deal with each of these three important areas. Contested Sites in Jerusalem offers an insightful explanation of the enormous challenges facing any attempt to find sustainable governance and security arrangements for the Old City in the context of a peace agreement between the Israelis and the Palestinians. It will therefore be of immense value to the policy-making community, as well as anyone in academia with a focus on Middle East politics, the Israeli–Palestinian conflict, and the Middle East peace process.
A fascinating history of a contested frontier, where struggles over landownership brought Native Americans and English colonists together Properties of Empire shows the dynamic relationship between Native and English systems of property on the turbulent edge of Britain’s empire, and how so many colonists came to believe their prosperity depended on acknowledging Indigenous land rights. As absentee land speculators and hardscrabble colonists squabbled over conflicting visions for the frontier, Wabanaki Indians’ unity allowed them to forcefully project their own interpretations of often poorly remembered old land deeds and treaties. The result was the creation of a system of property in Maine that defied English law, and preserved Native power and territory. Eventually, ordinary colonists, dissident speculators, and grasping officials succeeded in undermining and finally destroying this arrangement, a process that took place in councils and courtrooms, in taverns and treaties, and on battlefields. Properties of Empire challenges assumptions about the relationship between Indigenous and imperial property creation in early America, as well as the fixed nature of Indian “sales” of land, revealing the existence of a prolonged struggle to re-interpret seventeenth-century land transactions and treaties well into the eighteenth century. The ongoing struggle to construct a commonly agreed-upon culture of landownership shaped diplomacy, imperial administration, and matters of colonial law in powerful ways, and its legacy remains with us today.
United States historian William Pencak presents thirteen of his essays, written beginning in 1976. Some deal with colonial and revolutionary crowds and communities in Massachusetts - the impressment riot of 1747, the popular uprisings of the 1760s and 1770s, and Shays' Rebellion. Others examine popular ideology in songs and almanacs, and the thought and behavior of George Washington, John Adams, Benjamin Franklin, and the loyalist Peter Oliver. Interpretive essays argue that colonial outage that their participation in the French and Indian War went unrecognized by the British led to the American Revolution; that revolutionary economic thought turned smuggling from a vice into the 'natural law' of free trade; and that focusing on the 'Civil War,' and the years 1861 to 1865, leads to a glorified conception of the national past that is better understood as shaped by 'An Era of Racial Violence' that extended from 1854 to at least 1877.
This innovative and interdisciplinary book makes a major contribution to common pool resource studies. It offers a new perspective on the sustainable governance of common resources, grounded in contemporary and archival research on the common lands of England and Wales - an important common resource with multiple, and often conflicting, uses. It encompasses ecologically sensitive environments and landscapes, is an important agricultural resource and provides public access to the countryside for recreation. Contested Common Land brings together historical and contemporary legal scholarship to examine the environmental governance of common land from c.1600 to the present day. It uses four case studies to illustrate the challenges presented by the sustainable management of common property from an interdisciplinary perspective - from the Lake District, Yorkshire Dales, North Norfolk coast and the Cambrian Mountains. These demonstrate that cultural assumptions concerning the value of common land have changed across the centuries, with profound consequences for the law, land management, the legal expression of concepts of common 'property' rights and their exercise. The 'stakeholders' of today are the inheritors of this complex cultural legacy, and must negotiate diverse and sometimes conflicting objectives in their pursuit of a potentially unifying goal: a secure and sustainable future for the commons. The book also has considerable contemporary relevance, providing a timely contribution to discussion of strategies for the implementation of the Commons Act of 2006. The case studies position the new legislation in England and Wales within the wider context of institutional scholarship on the governance principles for successful common pool resource management, and the rejection of the 'tragedy of the commons'.
White supremacists determined what African Americans could do and where they could go in the Jim Crow South, but they were less successful in deciding where black people could live because different groups of white supremacists did not agree on the question of residential segregation. In Threatening Property, Elizabeth A. Herbin-Triant investigates early-twentieth-century campaigns for residential segregation laws in North Carolina to show how the version of white supremacy supported by middle-class white people differed from that supported by the elites. Class divides prevented Jim Crow from expanding to the extent that it would require separate neighborhoods for black and white southerners as in apartheid South Africa. Herbin-Triant details the backlash against the economic successes of African Americans among middle-class whites, who claimed that they wished to protect property values and so campaigned for residential segregation laws both in the city and the countryside, where their actions were modeled on South Africa’s Natives Land Act. White elites blocked these efforts, primarily because it was against their financial interest to remove the black workers that they employed in their homes, farms, and factories. Herbin-Triant explores what the split over residential segregation laws reveals about competing versions of white supremacy and about the position of middling whites in a region dominated by elite planters and businessmen. An illuminating work of social and political history, Threatening Property puts class front and center in explaining conflict over the expansion of segregation laws into private property.
