International Trade In Indigenous Cultural Heritage

‘This timely and pioneering volume provides an ethnically sensitive exploration of the international trade in indigenous cultural heritage. The country reports are informative and insightful; they greatly enrich our understanding of the realities on the ground in Australia, Canada, New Zealand and the United States. The book also contains concrete and practical recommendations. It is essential reading for anyone interested in learning more about the protection and development of indigenous cultural heritage.’
– Peter K. Yu, Drake University Law School, US

‘Christoph Graber, Karolina Kuprecht and Jessica Lai have brought together authors who know the field, given them a set of concrete themes and through meticulous editing have produced an integrated work that has the strength of collective insight. This book sets the standard for researchers working on those difficult issues raised by trade and commerce in indigenous cultural heritage.’
– Peter Drahos, Australian National University

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.

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 Müller

8. Are They In or Are They Out? Traditional Cultural Expressions and the Public Domain: Implications for Trade
Brigitte Vézina

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