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.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Foreword Preface PART I: METHODOLOGY AND SOCIAL CONTEXT - 1. Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method. 2. Indigenous Self-Government, Cultural Heritage and International Trade: A Sociological Perspective PART II: INTERNATIONAL LAW PERSPECTIVES - 3. International Indigenous and Human Rights Law in the Context of Trade in Indigenous Cultural Heritage. 4. Finding Space in the Margins? Recognising the Rights of Indigenous Peoples in the WTO. 5. Attempts to Protect Indigenous Culture through Free Trade Agreements. 6. Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies. 7. International Trade in Indigenous Cultural Heritage: An IP Practitioners’ Perspective. 8. Are They In or Are They Out? Traditional Cultural Expressions and the Public Domain: Implications for Trade. 9. International Trade in Indigenous Cultural Heritage: An Argument for Indigenous Governance of Cultural Property. 10. International Trade in Moveable Tangible Cultural Heritage of Indigenous Peoples: A European Perspective. 11. Indigenous Cultural Heritage in Development and Trade: Perspectives from the Dynamics of Cultural Heritage Law and Policy. 12. International Trade in Indigenous Cultural Heritage: Comments from UNESCO in Light of its International Standard-Setting Instruments in the Field of Culture PART III: COUNTRY REPORTS (UNITED STATES, CANADA, AUSTRALIA, NEW ZEALAND) - 13. A United States Perspective on the Protection of Indigenous Cultural Heritage. 14. Ownership and Trade of Aboriginal Cultural Heritage in Canada. 15. International Trade in Indigenous Cultural Heritage: An Australian Perspective. 16. A New Zealand Perspective on the Protection of Mātauranga Māori (Traditional Knowledge) PART IV: CONCLUSIONS - 17. The Trade and Development of Indigenous Cultural Heritage: Completing the Picture and a Possible Way Forward Index