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Legal study to look at indigenous peoples' repatriation claims as a separate category of cultural property claims
Encompassing analysis which includes international human rights law, international cultural heritage law, national property laws, transnational law and procedural solutions
Based on hermeneutic research, field work and practical experience
Offers concrete suggestions how the law and decision-making in the field may be improved
This book analyses the legal aspects of international claims by indigenous peoples for the repatriation of their cultural property, and explores what legal norms and normative orders would be appropriate for resolving these claims. To establish context, the book first provides insights into the exceptional legislative responses to the cultural property claims of Native American tribes in the United States and looks at the possible relevance of this national law on the international level. It then shifts to the multinational setting by using the method of legal pluralism and takes into consideration international human rights law, international cultural heritage law, the applicable national laws in the United Kingdom, France and Switzerland, transnational law such as museum codes, and decision-making in extra-legal procedures. In the process, the book reveals the limits of the law in dealing with the growing imperative of human rights in the field, and concludes with three basic insights that are of key relevance for improving the law and decision-making with regard to indigenous peoples’ cultural property.
Content Level »Research
Keywords »cultural heritage law - cultural property law - indigenous peoples - native American tribes - repatriation of cultural property