Overview
- Offers models for legally structuring the repatriation of indigenous heritage
- Extensively incorporates human rights standards into repatriation frameworks
- Builds on the extensive repatriation experience gathered in US and Canadian law, including NAGPRA
Part of the book series: Studies in Art, Heritage, Law and the Market (SAHLM, volume 3)
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Table of contents (10 chapters)
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Front Matter
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Sacred Indigenous Cultural Heritage in International Law
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Front Matter
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Sacred Indigenous Cultural Heritage in U.S. Law
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Front Matter
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Sacred Indigenous Cultural Heritage in Canadian Law
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Front Matter
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Repatriation of Sacred Indigenous Cultural Heritage Through the Law
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Front Matter
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Back Matter
Keywords
About this book
This book examines the ways in which law can be used to structure the return of indigenous sacred cultural heritage to indigenous communities, referred to as repatriation in this volume. In particular, it aims at developing legal structures that align repatriation with contemporary international human rights standards. To do so, it gathers the most valuable lessons learned from different repatriation laws and frameworks adopted in the United States and Canada. In both countries, very different ways of approaching repatriation have been used for several decades, highlighting the context-dependent nature of repatriation. The volume is divided into four parts, looking first at international law, then at the national legal landscape in the United States, followed by Canada, before the different repatriation models are evaluated against the backdrop of human rights law standards. Emphasis is placed not only on repatriation-specific legislation but also on the legal context in which it was developed and operates. In turn, the fourth part develops various models on the basis of these experiences that can be aligned with contemporary indigenous and cultural rights. The book ends by considering the models’ suitability for international repatriation and the lessons that can be learned from them. The primary audience includes those addressing the legal hurdles to repatriation, be they researchers, policymakers, communities, or museums.
Authors and Affiliations
About the author
Dr. Vanessa Tünsmeyer, Assistant Professor, Faculty of Law, Rijksuniversiteit Groningen
Bibliographic Information
Book Title: Repatriation of Sacred Indigenous Cultural Heritage and the Law
Book Subtitle: Lessons from the United States and Canada
Authors: Vanessa Tünsmeyer
Series Title: Studies in Art, Heritage, Law and the Market
DOI: https://doi.org/10.1007/978-3-030-89047-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2022
Hardcover ISBN: 978-3-030-89046-9Published: 26 January 2022
Softcover ISBN: 978-3-030-89049-0Published: 27 January 2023
eBook ISBN: 978-3-030-89047-6Published: 25 January 2022
Series ISSN: 2524-7425
Series E-ISSN: 2524-7433
Edition Number: 1
Number of Pages: XXI, 515
Number of Illustrations: 9 b/w illustrations
Topics: Public International Law , Private International Law, International & Foreign Law, Comparative Law , Human Rights, Cultural Heritage, Archaeology