Repatriation Of Sacred Indigenous Cultural Heritage And The Law

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This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.

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Genre : Law
Author : Vanessa Tünsmeyer
Publisher : Springer Nature
Release : 2022-01-25
File : 527 Pages
ISBN-13 : 9783030890476


International Trade In Indigenous Cultural Heritage

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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.

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Genre : Political Science
Author : Christoph Beat Graber
Publisher : Edward Elgar Publishing
Release : 2012-01-01
File : 535 Pages
ISBN-13 : 9780857938312


Repatriation Of Indigenous Cultural Heritage

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Repatriation of Indigenous Cultural Heritage examines how returned materials - objects, photographs, audio and manuscripts - are being received and reintegrated into the ongoing social and cultural lives of Aboriginal Australians. Combining a critical examination of the making of these collections with an assessment of their contemporary significance, the book exposes the opportunities and challenges involved in returning cultural heritage for the purposes of maintaining, preserving or reviving cultural practice. Drawing on ethnographic work undertaken with Aboriginal communities and the institutions that hold significant collections, the author reveals important new insights about the impact of return on communities. Technological advances, combined with the push towards decolonising methodologies in Indigenous research, have resulted in considerable interest in ensuring that collections of cultural value are returned to Indigenous communities. Gibson challenges the rhetoric of museum repatriation, arguing that, while it has been tremendously important to advancing Indigenous interest, it is too often over-simplified. Repatriation of Indigenous Cultural Heritage offers a timely, critical perspective on current museum practice and its place within processes of cultural production and transmission. The book is sure to resonate in other international contexts where questions about Indigenous re-engagement and decolonisation strategies are being debated and will be of interest to students and scholars of Museum Studies, Indigenous Studies and Anthropology.

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Genre : Art
Author : Jason M. Gibson
Publisher : Taylor & Francis
Release : 2023-06-14
File : 114 Pages
ISBN-13 : 9781000931624


Colonial Heritage Power And Contestation

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Recent debates about the return of colonially looted heritage have furthered the discussions on decolonisation around the world, and have reignited questions surrounding “what is, and who owns, cultural heritage”. These discourses in the meaning, production and management of heritage – with a growing presence of themes that address “Latinities” – have gained greater visibility in Latin America and the Caribbean, as challenges surrounding cultural heritage arise more prominently worldwide. The attention on this region aims to contextualise the various theoretical, empirical, and critical perspectives in relation to the negotiation of decolonisation. Hence, this book focuses on the analysis of diverse modes of confronting the power underlying colonial heritage that can contribute to pushing boundaries and persuading changes in pre-established definitions of political thought and local identities. To this end, the chapters in this book focus on a wide scope of topics, ranging from the repatriation and restitution of cultural heritage, and diasporic movements to decolonial practices around monuments, museums, and education. In so doing, this volume challenges stereotypes that made Latin America and the Caribbean a space of mere reproducibility of external ideas, and instead provides a space to show current decolonial perspectives and practices developed in the region that will enrich the international debate on the contestation of colonial legacies and decolonisation of cultural heritage.

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Genre : Social Science
Author : Camila Andrea Malig Jedlicki
Publisher : Springer Nature
Release : 2024-01-01
File : 294 Pages
ISBN-13 : 9783031377488


Protection Of First Nations Cultural Heritage

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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?

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Genre : Law
Author : Catherine Bell
Publisher : UBC Press
Release : 2009-05-01
File : 463 Pages
ISBN-13 : 9780774858595


Changing Heritage

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Changing Heritage presents the most comprehensive analysis of heritage issues available today. Critically analysing the complexity of the current and forthcoming issues faced by heritage, it presents insightful directions for the future. Drawing on the author’s many years of experience working in senior positions at UNESCO, the book presents discussions of heritage sites all around the world. Today, our cultural and natural legacies face significant threats due to social and economic developments, political pressures, and unresolved historical issues. This book delves into these threats from two distinct perspectives: internal tensions and external pressures. The internal tensions include the disregard for human rights and gender equality; the increasing exploitation of heritage for political purposes; the development of post-colonial perspectives; and the necessity to reassess the established notion of "universal value." External pressures stem from global processes, unsustainable tourism, political conflicts, ethnic clashes, and religious strife that are causing destruction in numerous parts of the world. Examining the dynamics between heritage and these internal tensions and external pressures, Bandarin offers insights into the challenges faced and emphasises the imperative role of civil society in safeguarding the value of heritage for present and future generations. Changing Heritage explores a wide range of issues surrounding the crisis in heritage management on an international level. It will be essential reading for heritage scholars, students, and professionals

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Genre : Art
Author : Francesco Bandarin
Publisher : Taylor & Francis
Release : 2024-04-09
File : 359 Pages
ISBN-13 : 9781040016527


International Law Museums And The Return Of Cultural Objects

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While the question of the return of cultural objects is by no means a new one, it has become the subject of increasingly intense debate in recent years. This important book explores the removal and the return of cultural objects from occupied communities during the last two centuries and analyses the concurrent evolution of international cultural heritage law. The book focuses on the significant influence exerted by British, U.S. and Australian governments and museums on international law and museum policy in response to restitution claims. It shows that these claims, far from heralding the long-feared dissolution of museums and their collections, provide museums with a vital, new role in the process of self-determination and cultural identity. Compelling and thought-provoking throughout, this book is essential reading for archaeologists, international lawyers and all those involved in cultural resource management.

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Genre : Art
Author : Ana Filipa Vrdoljak
Publisher : Cambridge University Press
Release : 2006-07-13
File : 29 Pages
ISBN-13 : 9780521841429


The Impact Of Uniform Laws On The Protection Of Cultural Heritage And The Preservation Of Cultural Heritage In The 21st Century

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Since Emer de Vattel’s (1714-1767) pioneerering work on the importance of the protection of cultural property in the interests of mankind and human society, international law has broadened the scope and strengthened protection in these areas. However, it is the work of UNESCO and it’s original mission of producing international instruments that has, in recent years, enhanced the protection and safeguarding of various types of cultural heritage. Providing an overview of the seven Conventions with the two Protocols adopted by UNESCO and UNIDROIT, this book offers comparative analysis of legal schemes for the protection or safeguarding of cultural heritage in 15 countries. This is the publication of the reports presented at the First Intersessional Thematic Congress of the International Academy of Comparative Law in November 2008.

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Genre : Law
Author : Toshiyuki Kono
Publisher : BRILL
Release : 2010-07-07
File : 796 Pages
ISBN-13 : 9789004189911


First Nations Cultural Heritage And Law

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First Nations Cultural Heritage and Law explores First Nations perspectives on cultural heritage and issues of reform within and beyond Western law. Written in collaboration with First Nation partners, it contains seven case studies featuring indigenous concepts, legal orders, and encounters with legislation and negotiations; a national review essay; three chapters reflecting on major themes; and a self-reflective critique on the challenges of collaborative and intercultural research. Although the volume draws on specific First Nation experiences, it covers a wide range of topics of concern to Inuit, Metis, and other indigenous peoples.

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Genre : Law
Author : Catherine Bell
Publisher : UBC Press
Release : 2009-01-01
File : 541 Pages
ISBN-13 : 9780774858465


The Oxford Handbook Of International Cultural Heritage Law

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This Handbook provides a cutting edge study of the fast developing field of international law on the protection of cultural heritage by taking stock of the recent developments and of the core concepts and current challenges. The legal protection of cultural heritage has come under renewed focus from the international community and states since the 1990s. This is evidenced by the adoption of a range of international instruments. Countries are also enacting cultural heritage legislation or overhauling existing laws within their own national territory. Contributions address the protection of immovable and movable, tangible and intangible cultural heritage in peacetime and in the event of armed conflict as well as the interaction between specific regimes of cultural heritage protection with other fields of international law, including international criminal law, human rights and humanitarian law, environmental law, international trade, investments, and intellectual property. The last part of the Handbook covers diverse regional systems of heritage protection.

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Genre : Law
Author : Francesco Francioni
Publisher : Oxford University Press
Release : 2020-07-23
File : 1024 Pages
ISBN-13 : 9780192603708