Indigenous Cultural Property and International Law, Esterling, Shea
Автор: Peter Drahos Название: Intellectual Property, Indigenous People and their Knowledge ISBN: 1107686946 ISBN-13(EAN): 9781107686946 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: After colonization, indigenous people faced an extractive property rights regime for both their land and knowledge. This book outlines that regime, how international intellectual property continues today to assist states to enclose indigenous peoples` knowledge and the networked response of indigenous people to this enclosure.
Автор: Attwood, Bain (monash University, Victoria) Название: Empire and the making of native title ISBN: 1108478298 ISBN-13(EAN): 9781108478298 Издательство: Cambridge Academ Рейтинг: Цена: 44350.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Bain Attwood re-examines the historical treatment of indigenous peoples` sovereignty and property rights in Australia and New Zealand, demonstrating that it was primarily the outcome of political struggles between multiple players at the metropolitan centre and the peripheries of empire, rather than the workings of abstract norms.
Автор: Bhukta, Dr Anindya Название: Legal protection for traditional knowledge ISBN: 1800430663 ISBN-13(EAN): 9781800430662 Издательство: Emerald Рейтинг: Цена: 62330.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Many aboriginal communities in the Global South depend for their livelihoods on the vast supply of bio-resources around them, but multinational corporations (MNCs) are not always ethical in their dealings with these communities. MNCs often pirate and patent communal, traditional knowledge, thereby "acquiring" intellectual property potentially worth hundreds of millions of dollars almost free of cost. Aboriginal communities face steep uphill legal battles in these cases.
Here Anindya Bhukta explores the porous legal relations between traditional knowledge and current intellectual property law. Focusing on aboriginal communities in India, Bhukta explains how India, like other resource-rich countries, has spent millions trying to revoke US-issued patents on knowledge gained from aboriginal communities using existing IPR legislation. He demonstrates that existing IPR laws do not provide full legal protection in such cases - a fact acknowledged by the World Trade Organization when it categorically asked for a sui generis law to be developed for precisely these purposes - and he suggests just such a new law that could offer more robust legal protection for aboriginal communities wishing to capitalize on their own accomplishments. In so doing, Bhukta calls attention to the vital contributions that aboriginal communities make to global development.
Legal Protection for Traditional Knowledgeis a must-read for researchers in economics, development studies, and international law, and especially those with an interest in the intellectual property status of traditional knowledge.
Автор: Bhandar, Brenna Название: Colonial lives of property ISBN: 0822371391 ISBN-13(EAN): 9780822371397 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 86070.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Автор: Terrill Название: Beyond Communal and Individual Ownership ISBN: 1138626015 ISBN-13(EAN): 9781138626010 Издательство: Taylor&Francis Рейтинг: Цена: 44910.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Over the last decade, Australian governments have introduced a series of land reforms in communities on Indigenous land. This book is the first in-depth study of these significant and far reaching reforms. It explains how the reforms came about, what they do and their consequences for Indigenous landowners and community residents. It also revisits the rationale for their introduction and discusses the significant gap between public debate about the reforms and their actual impact.
Drawing on international research, the book describes how it is necessary to move beyond the concepts of communal and individual ownership in order to understand the true significance of the reforms. The book's fresh perspective on land reform and careful assessment of key land reform theories will be of interest to scholars of indigenous land rights, land law, indigenous studies and aboriginal culture not only in Australia but also in any other country with an interest in indigenous land rights.
Автор: Robert Nichols Название: Theft Is Property!: Dispossession and Critical Theory ISBN: 1478006080 ISBN-13(EAN): 9781478006084 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 86070.00 T Наличие на складе: Нет в наличии. Описание: Drawing on Indigenous peoples' struggles against settler colonialism, Theft Is Property! reconstructs the concept of dispossession as a means of explaining how shifting configurations of law, property, race, and rights have functioned as modes of governance, both historically and in the present. Through close analysis of arguments by Indigenous scholars and activists from the nineteenth century to the present, Robert Nichols argues that dispossession has come to name a unique recursive process whereby systematic theft is the mechanism by which property relations are generated. In so doing, Nichols also brings long-standing debates in anarchist, Black radical, feminist, Marxist, and postcolonial thought into direct conversation with the frequently overlooked intellectual contributions of Indigenous peoples.
Автор: Geismar Haidy Название: Treasured Possessions ISBN: 0822354276 ISBN-13(EAN): 9780822354277 Издательство: Wiley EDC Рейтинг: Цена: 30870.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
What happens when ritual practitioners from a small Pacific nation make an intellectual property claim to bungee jumping? When a German company successfully sues to defend its trademark of a M?ori name? Or when UNESCO deems ephemeral sand drawings to be "intangible cultural heritage"? In Treasured Possessions, Haidy Geismar examines how global forms of cultural and intellectual property are being redefined by everyday people and policymakers in two markedly different Pacific nations. The New Hebrides, a small archipelago in Melanesia managed jointly by Britain and France until 1980, is now the independent nation-state of Vanuatu, with a population that is more than 95 percent indigenous. New Zealand, by contrast, is a settler state and former British colony that engages with its entangled Polynesian and British heritage through an ethos of "biculturalism" that is meant to involve an indigenous population of just 15 percent. Alternative notions of property, resources, and heritage—informed by distinct national histories—are emerging in both countries. These property claims are advanced in national and international settings, but they emanate from specific communities and cultural landscapes, and they are grounded in an awareness of ancestral power and inheritance. They reveal intellectual and cultural property to be not only legal constructs but also powerful ways of asserting indigenous identities and sovereignties.
Understanding the processes and policies of urbanization and suburbanization in American Indian communities
Nearly seven out of ten American Indians live in urban areas, yet studies of urban Indian experiences remain scant. Studies of suburban Natives are even more rare. Today’s suburban Natives, the fastest-growing American Indian demographic, highlight the tensions within federal policies working in tandem to move and house differing groups of people in very different residential locations. In American Indians and the American Dream, Kasey R. Keeler examines the long history of urbanization and suburbanization of Indian communities in Minnesota.
At the intersection of federal Indian policy and federal housing policy, American Indians and the American Dream analyzes the dispossession of Indian land, property rights, and patterns of home ownership through programs and policies that sought to move communities away from their traditional homelands to reservations and, later, to urban and suburban areas. Keeler begins this analysis with the Homestead Act of 1862, then shifts to the Indian Reorganization Act in the early twentieth century, the creation of Little Earth in Minneapolis, and Indian homeownership during the housing bubble of the early 2000s.
American Indians and the American Dream investigates the ways American Indians accessed homeownership, working with and against federal policy, underscoring American Indian peoples’ unequal and exclusionary access to the way of life known as the American dream.
Cover alt text: Vintage photo of Native person bathing smiling child in the sink of a midcentury kitchen. Title in yellow.
Understanding the processes and policies of urbanization and suburbanization in American Indian communities
Nearly seven out of ten American Indians live in urban areas, yet studies of urban Indian experiences remain scant. Studies of suburban Natives are even more rare. Today’s suburban Natives, the fastest-growing American Indian demographic, highlight the tensions within federal policies working in tandem to move and house differing groups of people in very different residential locations. In American Indians and the American Dream, Kasey R. Keeler examines the long history of urbanization and suburbanization of Indian communities in Minnesota.
At the intersection of federal Indian policy and federal housing policy, American Indians and the American Dream analyzes the dispossession of Indian land, property rights, and patterns of home ownership through programs and policies that sought to move communities away from their traditional homelands to reservations and, later, to urban and suburban areas. Keeler begins this analysis with the Homestead Act of 1862, then shifts to the Indian Reorganization Act in the early twentieth century, the creation of Little Earth in Minneapolis, and Indian homeownership during the housing bubble of the early 2000s.
American Indians and the American Dream investigates the ways American Indians accessed homeownership, working with and against federal policy, underscoring American Indian peoples’ unequal and exclusionary access to the way of life known as the American dream.
Cover alt text: Vintage photo of Native person bathing smiling child in the sink of a midcentury kitchen. Title in yellow.
Автор: Picart Caroline Joan Название: Law in and as Culture: Intellectual Property, Minority Rights, and the Rights of Indigenous Peoples ISBN: 1611477212 ISBN-13(EAN): 9781611477214 Издательство: Неизвестно Рейтинг: Цена: 148670.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Two narratives are used in telling the story of indigenous peoples and minorities in relation to globalization and intellectual property rights. This book steers a careful path between Optimism and Fear, exploring how law functions in and as culture as it contours the landscape of intellectual property rights, as experienced by minorities.
In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.
Автор: Karolina Kuprecht Название: Indigenous Peoples` Cultural Property Claims ISBN: 3319016547 ISBN-13(EAN): 9783319016542 Издательство: Springer Рейтинг: Цена: 121110.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property. It also explores what legal norms and normative orders would be appropriate for resolving these claims.
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