This book examines the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property. It also explores what legal norms and normative orders would be appropriate for resolving these claims.
| Title | : | Indigenous Peoples' Cultural Property Claims: Repatriation and Beyond |
| Author | : | Karolina Kuprecht |
| Language | : | en |
| Rating | : | 4.90 out of 5 stars |
| Type | : | PDF, ePub, Kindle |
| Uploaded | : | Apr 07, 2021 |
Download Indigenous Peoples' Cultural Property Claims: Repatriation and Beyond - Karolina Kuprecht | PDF
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Indigenous intellectual property is an umbrella legal term used in national and international forums to identify indigenous peoples ' claims of collective intellectual property rights to protect specific cultural knowledge of their groups.
Many cultural and natural world heritage sites are home to indigenous peoples. As the unesco policy on engaging with indigenous peoples recognizes, world heritage sites are often located within land managed by indigenous peoples whose land use, knowledge and cultural and spiritual values and practices are related to heritage.
The challenges of protecting the cultural and intellectual property rights of indigenous peoples, including their ability to benefit commercially from cultural expressions and traditional knowledge and prevent exploitation or inappropriate use, have generated considerable discussion over the years.
The intersection of the intellectual property (ip) system and the protection of indigenous knowledge and cultural expressions is receiving increasing attention.
Federal laws define significant cultural resources in a much narrower way than do native american tribes: the former focus on stewardship of tangible places,.
The workshops will include exchanges between indigenous and non-indigenous experts in the hope that they will contribute to the sharing of knowledge and best practices related to cultural pluralism. The mapping of indigenous cultural resources carried out by indigenous communities is a crucial step toward demonstrating that cultural diversity.
A variety of struggles of indigenous peoples are described, followed by an examination of the steps indigenous peoples have taken to assert their intellectual and cultural property rights, through the mataatua declaration (1993) and the charter of the indigenous-tribal peoples of the tropical forests (1992).
legal study to look at indigenous peoples' repatriation claims as a separate category of cultural property claims encompassing analysis which includes international human rights law, international cultural heritage law, national property laws, transnational law and procedural solutions.
May 11, 2020 cultural intellectual property is a right that indigenous people have to protect their traditional art and culture but it can often be overlooked.
Declaration on the rights of indigenous peoples requires states to provide an effective remedy to indigenous peoples deprived of their cultural, religious, or intellectual property (ip) without their free, prior and informed consent.
The ongoing debate over indigenous claims to intellectual and cultural property reveals a series of indigenous strategies of mobilization that both appropriate.
Indigenous peoples seek to restore cultural values spiritual heritage to living indigenous cultures, and communities place on the use of cultural objects.
This article presents a comparative study of how canadian first nations and new zealand.
Read indigenous peoples' cultural property claims repatriation and beyond by karolina kuprecht available from rakuten kobo. This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultura.
Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies andcultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts.
Aug 27, 2017 internationally, groups like wipo have proposed the application of intellectual property law (ip law) to cultural property issues.
The meaning of indigenous peoples current interest by lawyers 'in the cultural heritage of indigenous peoples is unparalleled.
A reservation is a territory occupied by a federally recognized indigenous group. The term indian reservation refers to the ancestral territory still occupied by an indige.
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.
Indigenous peoples and individuals, particularly indigenous children, have the right to all levels and forms of education, without discrimination. States and indigenous peoples, in keeping with the principle of equality of opportunity, shall promote the reduction of disparities in education between indigenous and non-indigenous peoples.
Repatriation of cultural objects as a human right: challenges relating to the right to culture and the protection of indigenous peoples'.
“there is a relationship, in the laws or philosophies of indigenous peoples, between cultural property and intellectual property, and that the protection of both is essential to the indigenous peoples’ cultural and economic survival and development. ” accordingly, the sub-commission recommended that the title of the study professor.
Property rights concerning moveable cultural property, many native peoples or not recognizing, intellectual property rights in indigenous cultural property.
Geographic classification may cover a larger land mass and may include several or parts of the culture groups. Other classifications: eastern woodland, and california this page compliments indigenous peoples of the united states regions. The cultural groups for the indians of north america and some of the tribes belonging to each are:.
An award-winning team of journalists, designers, and videographers who tell brand stories through fast company's distinctive lens what’s next for hardware, software, and services our annual guide to the busine.
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.
Indigenous people, aboriginal people, or native people, are groups protected in international or national legislation as having a set of specific rights based on their linguistic and historical ties to a particular territory, their cultural and historical distinctiveness from other populations.
Common injustices caused by persons who misappropriate cultural rights from indigenous peoples.
Indigenous peoples have largely contributed to the creation of cultural heritage sites around the world, but historical and ongoing economic and political.
Feb 8, 2011 human rights are rights and freedoms inherent to all human beings without discrimination on the basis of nationality, ethnic origin, gender,.
Jan 30, 2008 1999 heralds the beginning of the united nations decade for indigenous peoples.
States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellectual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
A general definition for indigenous heritage would include ideas, experiences, worldviews, objects, forms of expressions, practices, knowledge, spirituality, kinship.
Indigenous peoples' cultural property claims repatriation and beyond, hardcover by kuprecht, karolina, isbn 3319016547, isbn-13 9783319016542, brand new, free shipping in the us this book examines the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property.
Peaceful efforts by indigenous peoples to maintain their cultural identity or exercise control over their traditional lands, which are often rich in resources and biodiversity, have led to accusations of treason or terrorism. Discrimination is the reason why indigenous peoples make up 15% of the world’s extreme poor.
Aug 8, 2020 to support indigenous cultural interests and values, we must consider indigenous peoples' rights and interests regarding digitization, access,.
Indigenous cultural and intellectual property (icip) (aitb) indigenous cultural and intellectual property refers to the rights that indigenous people have, and want to have, to protect their traditional arts and culture. Icip is a short way of saying australian “indigenous cultural and intellectual property”.
Folklore, songs, traditional crafts and similar skills define the cultural and social identities of indigenous peoples. When folklore is recorded and placed in books or publications or when dances and songs are performed without permission, even when supposedly done in the name of a particular people, can be an infringement of intellectual rights.
Icip stands for indigenous cultural and intellectual property. Based on the right to self-determination, icip rights are indigenous people’s rights to their heritage and culture.
W e live in a world dominated by the principle of private property. Once indigenous people were dispossessed of their lands, the land was surveyed, subdivided and sold to the highest bidder.
'indigenous cultural and intellectual property' refers to indigenous peoples' rights to their heritage. Heritage comprises all objects, sites and knowledge, the nature.
Regime specifically designed for indigenous peoples to protect and benefit from the expressions, knowledge, and works of their culture. 4 others argue 1 michael blakeney, intellectual property in the dreamtime -protecting the cultural creativity of indigenous peoples, oxford intell.
Indigenous peoples have a unique and interconnected relationship with the natural environment that is integral to their place-based social, cultural, and spiritual identity; intangible cultural heritage (traditions or living expressions transmitted and inherited through generations); and subsistence practices and livelihoods.
At its simplest, indigenous intellectual property rights may be considered the overall culture of a people, handed down from generation to generation, most often by oral tradition, but sometimes also by some a kind of written means.
The many initiatives taken by asian indigenous and tribal peoples to protect their heritage are also discussed, and some strategies for the future are put forward in the conclusion. Download: intellectual and cultural property rights of indigenous and tribal peoples in asia.
Indigenous peoples have historically experienced countless losses of cultural relics and material and spiritual treasures as well as the destruction of their sacred cultural sites, a situation that continues to prevail.
The culture channel contains articles on everything from religion and traditions to history and geography. Advertisement topics to explore: history people why 'poop' and 'wiggle' are funny words, accord.
Line in the sand: native american cultural property is offered as a place where the debate over where to draw the “line in the sand” on the issues of cultural.
Advertisement it is interesting that the rules devised to protect human beings as much as possible from the ravages of war have also seen fit to address the preservation of cultures.
We have in one volume a comprehensive picture of indigenous peoples ' interests in cultural heritage and development.
Jul 12, 2018 do members of cultural groups have special claims to own or control the moreover, although indigenous cultural property claims have.
Indigenous peoples do not share the same concepts of property that have descended to westerners from medieval and enlightenment philosophers. Their cultural beliefs are often rooted in their spirituality and their cosmologies, which the secular language of intellectual property law cannot represent.
8 framed this way, calls for the use of intellectual property law to protect native cultures would appear to lead to new incursions on the threatened public domain.
The protection of the traditional cultural expressions of indigenous people from inappropriate use raises issues relating to the differences between standard intellectual property concepts and the “worldview” of such groups.
Culture is one of the six mandated areas of the permanent forum and is inextricably linked to indigenous peoples’ identity, their traditional knowledge, their experiences with the natural.
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.
Indigenous cultural intellectual property (icip) is a right that indigenous people have to protect their traditional art and culture. Charisma cubillo is a larrakia woman and solicitor at indigenous-owned and managed law firm terri janke and company.
Identifying and considering the role of indigenous places and landscapes in section 106, as well as in non-section 106 contexts. It is meant to serve as a starting point for discussions within and among federal agencies, cultural resource practitioners, researchers, and indigenous peoples on this topic.
3 monitor and take action against any states whose persistent policies and activities damage the cultural and intellectual property rights of indigenous peoples. 4 ensure that indigenous peoples actively contribute to the way in which indigenous cultures are incorporated into the 1995 united.
Indigenous peoples: issues of definition - volume 8 issue 1 - de sanders. The progress that has been made by 'indigenous peoples' in international forums has been aided by the political perception that this category of claimants is limited and in some respects unique, and that such claims can properly and safely be treated as a special case.
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9 see erica-irene daes, discrimination against indigenous peoples: study on the protection of the cultural and intellectual property of indigenous peoples, sub-commission on prevention of discrimination and protection of minorities, 45 sess.
A panel of indigenous peoples speaking at the united nations world intellectual property organization on a potential treaty protecting their folklore from misappropriation asked that indigenous culture be recognised as unique, and not unduly considered as belonging to the whole of mankind. The keynote speaker chastised the united states position in the committee, criticised a us recent.
Disputes between indigenous peoples and western museums over repatriation of cultural heritage involve numerous complex issues -- legal, ethical, historical, cultural, spiritual, political and economic, among others – that necessitate a particularly thoughtful approach to resolving such disputes. Resolution of such disputes by negotiation or other alternative dispute resolution (“adr.
Traveling around new zealand, i was surprised by how thouroughly maori culture permeated through the whole country. It's amazing to see a culture that had once been so mistreated now thriving.
It establishes the rights of indigenous peoples to the protection of their cultural property and identity as well as the rights to education, employment, health, religion, language and more. It also protects the right of indigenous peoples to own land collectively.
Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts.
It is now apparent that international, national, and tribal laws must work together to protect the cultural property of indigenous groups.
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