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.
Edited by Christoph B. Graber, Karolina Kuprecht, members of i-call, the research centre for communication and art law, University of Lucerne, Switzerland and Jessica C. Lai, Senior Lecturer, Victoria University of Wellington, New Zealand
Contents: Foreword Paul L.A.H. Chartrand Preface Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai 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 Christoph B. Graber 2. Indigenous Self-Government, Cultural Heritage and International Trade: A Sociological Perspective Duane Champagne PART II: INTERNATIONAL LAW PERSPECTIVES 3. International Indigenous and Human Rights Law in the Context of Trade in Indigenous Cultural Heritage John Scott and Federico Lenzerini 4. Finding Space in the Margins? Recognising the Rights of Indigenous Peoples in the WTO Fiona Macmillan 5. Attempts to Protect Indigenous Culture through Free Trade Agreements Susy Frankel 6. Intellectual Property Rights in Indigenous Cultural Heritage: Basic Concepts and Continuing Controversies Christoph Antons 7. International Trade in Indigenous Cultural Heritage: An IP Practitioners' Perspective Martin Girsberger and Benny Muller 8. Are They In or Are They Out? Traditional Cultural Expressions and the Public Domain: Implications for Trade Brigitte Vezina 9. International Trade in Indigenous Cultural Heritage: An Argument for Indigenous Governance of Cultural Property Rebecca Tsosie 10. International Trade in Moveable Tangible Cultural Heritage of Indigenous Peoples: A European Perspective Karolina Kuprecht and Kurt Siehr 11. Indigenous Cultural Heritage in Development and Trade: Perspectives from the Dynamics of Cultural Heritage Law and Policy Rosemary J. Coombe with Joseph F. Turcotte 12. International Trade in Indigenous Cultural Heritage: Comments from UNESCO in Light of its International Standard-Setting Instruments in the Field of Culture Francesco Bandarin PART III: COUNTRY REPORTS (UNITED STATES, CANADA, AUSTRALIA, NEW ZEALAND) 13. A United States Perspective on the Protection of Indigenous Cultural Heritage Carole E. Goldberg 14. Ownership and Trade of Aboriginal Cultural Heritage in Canada Catherine Bell 15. International Trade in Indigenous Cultural Heritage: An Australian Perspective Kathy Bowrey 16. A New Zealand Perspective on the Protection of Matauranga Maori (Traditional Knowledge) Susy Frankel PART IV: CONCLUSIONS 17. The Trade and Development of Indigenous Cultural Heritage: Completing the Picture and a Possible Way Forward Christoph B. Graber, Karolina Kuprecht and Jessica C. Lai Index