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Tsosie, Rebecca --- "International trade in indigenous cultural heritage: an argument for indigenous governance of cultural property" [2012] ELECD 1172; in Graber, Beat Christoph; Kuprecht, Karolina; Lai, Christine Jessica (eds), "International Trade in Indigenous Cultural Heritage" (Edward Elgar Publishing, 2012) 221

Book Title: International Trade in Indigenous Cultural Heritage

Editor(s): Graber, Beat Christoph; Kuprecht, Karolina; Lai, Christine Jessica

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9780857938305

Section: Chapter 9

Section Title: International trade in indigenous cultural heritage: an argument for indigenous governance of cultural property

Author(s): Tsosie, Rebecca

Number of pages: 25

Abstract/Description:

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.