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Ancient Indigenous Human Remains and the Law


ISBN13: 9780367897147
Published: August 2021
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £130.00
Paperback edition , ISBN13 9781032047690



Despatched in 4 to 6 days.

Indigenous peoples are increasingly making requests for the return of their ancestors’ human remains and ancient indigenous deoxyribonucleic acid. However, some museums and scientists have refused to repatriate indigenous human remains or have initiated protracted delays. There are successful examples of the return of ancient indigenous human remains however the focus of this book is an examination of the "hard" cases. The continued retention perpetuates cultural harm and is a continuing violation of the rights of indigenous peoples. Therefore this book develops a litigation Toolkit which can be used in such disputes and includes legal and quasi legal instruments from the following frameworks, cultural property, cultural heritage, cultural rights, collective heritage, intellectual property, Traditional Knowledge and human rights.

The book draws on a process of recharacterisation. Recharacterisation is to be understood to mean the allocation of an indigenous peoples understanding and character of ancient indigenous human remains and ancient indigenous DNA, in order to counter the property narrative articulated by museums and scientists in disputes.

Subjects:
Human Rights and Civil Liberties
Contents:
Introduction
PART ONE
Chapter 1: The recharacterisation of ancient indigenous human remains and ancient indigenous DNA
PART TWO: Potential legal frameworks for the protection and repatriation of ancient indigenous human remains and ancient DNA: developing a litigation toolkit
Chapter 2: The status of Ancient indigenous human remains in cultural property and cultural heritage law
Chapter 3: Understanding cultural in the term cultural property and cultural heritage
Chapter 4: Ancient indigenous human remains and ancient indigenous DNA as collective heritage
Chapter 5: Ancient indigenous human remains and ancient indigenous DNA as Traditional Knowledge/Indigenous Knowledge
Chapter 6: Ancient Indigenous DNA as Intellectual Property
PART THREE
Chapter 7: A Human Rights Based Approach to the protection and repatriation of ancient indigenous human remains and ancient indigenous DNA
Chapter 8: Using strategic human rights litigation to protect and repatriate ancient indigenous human remains and ancient DNA

Series: Routledge Research in International Law

Ancient Indigenous Human Remains and the Law (eBook) ISBN 9781000427479
Published January 2024
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Ancient Indigenous Human Remains and the Law ISBN 9781032047690
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£38.99
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Private International Law and Arbitral Jurisdiction ISBN 9781032205359
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£120.00
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International `Criminal' Responsibility: Antinomies ISBN 9781138098916
Published March 2019
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The United Nations and Collective Security ISBN 9781138665521
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Justice for Victims before the International Criminal Court ISBN 9781138647404
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International Law and Boundary Disputes in Africa ISBN 9780415838924
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Incitement in International Law ISBN 9781138020801
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Resisting United Nations Security Council Resolutions ISBN 9780415710435
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The United Nations and Collective Security ISBN 9780415505895
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The United Nations and Collective Security (eBook) ISBN 9781136028243
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UNHCR and International Refugee Law: From Treaties to Innovation ISBN 9781138016873
Published January 2014
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International Law-making: Essays in Honour of Jan Klabbers (eBook) ISBN 9781135116057
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£42.99
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£125.00
Criminal Responsibility for the Crime of Aggression (eBook) ISBN 9781136001208
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£46.99
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Criminal Responsibility for the Crime of Aggression ISBN 9780415856782
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£130.00
The Changing Role of Nationality in International Law (eBook) ISBN 9781136752193
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£46.99
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The Changing Role of Nationality in International Law ISBN 9780415535458
Published March 2013
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£125.00
Threats of Force: International Law and Strategy (eBook) ISBN 9781135132033
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£51.99
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The Law on the Use of Force: A Feminist Analysis (eBook) ISBN 9781136628009
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Self Determination in the Post 9/11 Era ISBN 9780415550048
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