Legal and Policy Issues
Edited by Christoph Beat Graber, Karolina Kuprecht and Jessica Christine Lai
Chapter 9: International trade in indigenous cultural heritage: an argument for indigenous governance of cultural property
This chapter examines the possibilities, advantages and limits of adjusting international trade law to protect indigenous cultural heritage, focusing on the international law dimensions of tangible forms of indigenous cultural property, as a distinctive category of cultural heritage. Specifically, I address how indigenous peoples are defined within international cultural property law and how that body of law handles questions of indigenous culture, including definitions of traditional knowledge and traditional cultural expressions. Finally, I explore how indigenous peoples are represented, procedurally or otherwise, within international organisations and institutions. The overriding issue, of course, is whether it is possible to adjust international trade law to protect indigenous cultural heritage. Specifically, what rules might promote fair trade in indigenous cultural heritage? Many scholars have written important work highlighting the unique nature of cultural expression within indigenous societies and the challenges of reconciling indigenous cultural systems with international trade law.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.