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Indigenous Cultural Property and International Law: Restitution, Rights and Wrongs

Indigenous Cultural Property and International Law: Restitution, Rights and Wrongs

Author: Shea Elizabeth Esterling
Publisher: Routledge
ISBN: 9781032540832

Published In: April 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780367182007

List Price: HKD 545.87

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Description
Contents

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Examining the restitution of cultural property to Indigenous Peoples in human rights law, this book offers a detailed analysis of the opportunities and constraints of international law as a tool of resistance and social transformation for marginalized groups.

In accordance with an increasing insistence on respect for diverse cultures, and through their own international mobilization, Indigenous Peoples have participated in the construction of a distinct human rights framework. Significant academic inquiry has focused on the substantive gains made by Indigenous Peoples in this context; along with its impact on a body of law that had previously denied Indigenous Peoples a basis for claims to their own cultural materials and practices. Accordingly, this book acknowledges that Indigenous Peoples, as non-state actors, have generated greater substantive and procedural legitimacy in human rights law making. Offering normative insights into the participation of non-state actors in international law making, it also, however, demonstrates that, despite their significant role in constructing the legal framework of human rights in the 21st century, the participation of Indigenous Peoples continues to be structurally limited.

With its interdisciplinary approach to the field, this book will appeal to scholars and students in the fields of law, politics, anthropology and indigenous studies.

1. Introductions

2. A Textual Analysis: Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples

3. A Purposive Analysis: Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples

4. A Contextual Analysis: Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples

5. Discursive Limits: Article 11 of the United Nations Declaration on the Rights of Indigenous Peoples and Human Rights Law

6. Some Conclusions