Indigenous Peoples' Cultural Heritage
Indigenous Peoples' Cultural Heritage

Author: Alexandra Xanthaki

Publisher: BRILL

Published: 2017-10-20

Total Pages: 359

ISBN-13: 9004342192

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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.

International Trade in Indigenous Cultural Heritage
International Trade in Indigenous Cultural Heritage

Author: Christoph Beat Graber

Publisher: Edward Elgar Publishing

Published: 2012-01-01

Total Pages: 535

ISBN-13: 0857938312

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

Indigenous Cultural Heritage and Intellectual Property Rights
Indigenous Cultural Heritage and Intellectual Property Rights

Author: Jessica Christine Lai

Publisher: Springer Science & Business Media

Published: 2014-01-08

Total Pages: 342

ISBN-13: 331902955X

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Now more than ever, indigenous peoples’ interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples’ interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Māori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Māori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Māori and the British Crown in 1840.

Staging Indigenous Heritage
Staging Indigenous Heritage

Author: Yunci Cai

Publisher: Routledge

Published: 2020-08-12

Total Pages: 232

ISBN-13: 0429620764

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Staging Indigenous Heritage examines the cultural politics of four Indigenous cultural villages in Malaysia. Demonstrating that such villages are often beset with the politics of brokerage and representation, the book shows that this reinforces a culture of dependency on the brokers. By critically examining the relationship between Indigenous tourism and development through the establishment of Indigenous cultural villages, the book addresses the complexities of adopting the ‘culture for development’ paradigm as a developmental strategy. Demonstrating that the opportunities for self-representation and self-determination can become entwined with the politics of brokerage and the contradictory dualism of culture, it becomes clear that this can both facilitate and compromise their intended outcomes. Challenging the simplistic conceptualisation of Indigenous communities as harmonious and unified wholes, the book shows how Indigenous cultures are actively forged, struggled over, and negotiated in contemporary Malaysia. Confronting the largely positive rhetoric in current discourses on the benefits of community-based cultural projects, Staging Indigenous Heritage should be essential reading for academics and students in the fields of museum studies, cultural heritage studies, Indigenous studies, development studies, tourism, anthropology, and geography. The book should also be of interest to museum and heritage professionals around the world.

Indigenous Peoples, Heritage and Landscape in the Asia Pacific
Indigenous Peoples, Heritage and Landscape in the Asia Pacific

Author: Stephen Acabado

Publisher: Routledge

Published: 2021-06-30

Total Pages: 237

ISBN-13: 1000408132

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This book demonstrates how active and meaningful collaboration between researchers and local stakeholders and indigenous communities can lead to the co-production of knowledge and the empowerment of communities. Focusing on the Asia Pacific region, this interdisciplinary volume looks at local and indigenous relations to the landscape, showing how applied scholarship and collaborative research can work to empower indigenous and descendant communities. With cases ranging across Indonesia, Thailand, Taiwan, the Philippines, Cambodia, Pohnpei, Guam, and Easter Island, this book demonstrates the many ways in which co-production of knowledge is reconnecting local and indigenous relations to the landscape, and diversifying the philosophy of human-land relations. In so doing, the book is enriching the knowledge of landscape, and changing the landscape of knowledge. This important contribution to our understanding of knowledge production will be of interest to readers across Anthropology, Archaeology, Development, Geography, Heritage Studies, Indigenous Studies, and Policy Studies.

Indigenous Heritage
Indigenous Heritage

Author: Michelle Whitford

Publisher: Routledge

Published: 2021-07-21

Total Pages: 162

ISBN-13: 1000404552

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History shows that travellers sought to experience the unfamiliar and exotic cultures and traditions of Indigenous peoples, with early examples of Indigenous tourism in the United States, Canada, Scandinavia, Australia, New Zealand and countries throughout Asia and Latin America. Similarly, contemporary travellers demonstrate a desire to seek out opportunities to experience Indigenous peoples and their cultures. Thus, we are witnessing worldwide growth in the awareness of, and interest in, Indigenous cultures, traditions, histories and knowledges. Engagement in the tourism sector is regularly advocated for Indigenous peoples because of the socio-economic opportunities it provides; however, there are a range of cultural benefits including the maintenance, rejuvenation and/or preservation of Indigenous cultures, knowledges and traditions for Indigenous peoples who choose tourism as a vehicle to showcase their cultures. Consequently, tourism is regularly acknowledged as a means for facilitating the sustainability of tangible and intangible Indigenous cultural heritage including languages, stories, art, dance, rituals and customs. Importantly, however, the history of Indigenous peoples’ engagement in tourism has provided a range of examples of the threats to Indigenous culture that can accrue as a result of tourism (i.e., cultural degradation, commercialisation and commodification, authenticity and identity, among others). This book presents an exploration of the intersection between tourism and Indigenous culture. The chapters in this book were originally published as a special issue of the Journal of Heritage Tourism.

Indigenous Heritage and Self-determination
Indigenous Heritage and Self-determination

Author: Tony Simpson

Publisher: IWGIA

Published: 1997

Total Pages: 236

ISBN-13: 9788798411031

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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.

Indigenous Peoples' Cultural Property Claims
Indigenous Peoples' Cultural Property Claims

Author: Karolina Kuprecht

Publisher: Springer Science & Business Media

Published: 2013-11-19

Total Pages: 246

ISBN-13: 3319016555

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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.​

Who Owns Native Culture?
Who Owns Native Culture?

Author: Michael F. Brown

Publisher: Harvard University Press

Published: 2009-07-01

Total Pages: 338

ISBN-13: 9780674028883

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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.

Indigenous Heritage and Intellectual Property
Indigenous Heritage and Intellectual Property

Author: Silke von Lewinski

Publisher: Kluwer Law International B.V.

Published: 2008-01-01

Total Pages: 564

ISBN-13: 9041124926

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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.