Indigenous Peoples' Cultural Heritage: Rights, Debates, Challenges

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Alexandra Xanthaki, Sanna Valkonen, Leena Heinämäki, Piia Kristiina Nuorgam
BRILL, Oct 20, 2017 - Law - 360 pages
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. The conference made clear that important information on Indigenous cultural heritage has remained unexplored or has not been adequately linked with specific actors (such as WIPO) or specific issues (such as free, prior and informed consent). Indigenous leaders explained the impact that disrespect of their cultural heritage has had on their identity, well-being and development. Experts in social sciences explained the intricacies of indigenous cultural heritage. Human rights scholars talked about the inability of current international law to fully address the injustices towards indigenous communities. Representatives of International organisations discussed new positive developments. This wealth of experiences, materials, ideas and knowledge is contained in this important volume.
 

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Contents

Tales of Fragmentation
1
Towards a Right to Cultural Integrity
20
Opportunities Obstacles and Challenges
39
The UNESCO World Heritage Site of Laponia in Northern Sweden
78
Scientification Traditionalization Secrecy and Equality
104
Indigenous Creativity and the Public Domain Terra Nullius Revisited?
130
An Ontological Politics of and for the Sámi Cultural Heritage Reflections on Belonging to the Sámi Community and the Land
149
Links between Lands Territories Environment and Cultural Heritage The Recognition of Sámi Lands in Norway
175
Cultural Heritage Traditional Knowledge and Intellectual Property
218
Discrimination against the Sámi?
229
The Cultural Heritage of South Africas Khoisan
253
Indigenous Peoples Right to Own Legal Orders and Governance Systems in The International Human Rights Regime
273
The Remedial Penumbra of SelfDetermination Retroactivity and the Restitution of Cultural Property to Indigenous Peoples
294
Reparations for Wrongs against Indigenous Peoples Cultural Heritage
327
Contributors
347
Index
349

The Path so Far
199

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