Table of Contents

Preface: Towards Reconciliation / Darlene Johnston

Introduction / Catherine Bell and Robert K. Paterson

Part 1: Repatriation and Trade

1 Restructuring the Relationship: Domestic Repatriation and Canadian Law Reform / Catherine Bell

2 International Movement of First Nations Cultural Heritage in Canadian Law / Catherine Bell and Robert K. Paterson

3 The Protection and Repatriation of Indigenous Cultural Heritage in the United States / James Nafziger

Part 2: Heritage Sites and Ancestral Remains

4 Ancestral Remains in Institutional Collections: Proposals for Reform / Robert K. Paterson

5 Unsitely: The Eclectic Regimes that Protect Aboriginal Cultural Places in Canada / Bruce Ziff and Melodie Hope

6 Policies and Protocols for Archeological Sites and Associated Cultural Intellectual Property / George P. Nicholas

Part 3: Intangible Heritage

7 The Interconnection of Intellectual Property and Cultural Property ("Traditional Knowledge") / Robert G. Howell and Roch Ripley

8 First Nations Cultural Heritage Concerns: Prospects for Protection of Traditional Knowledge and Traditional Cultural Expressions in International Law / Rosemary J. Coombe

9 Non-Legal Instruments for the Protection of Intangible Cultural Heritage: Key Roles for Ethical Codes and Community Protocols / Kelly Bannister

Part 4: Human Rights and First Nations Law

10 Indigenous Cultural Heritage Rights in International Human Rights Law / Mohsen al Attar, Nicole Aylwin, and Rosemary J. Coombe

11 From Time Immemorial: The Recognition of Aboriginal Customary Law in Canada / Norman Zlotkin

12 Looking beyond the Law: Questions about Indigenous Peoples' Tangible and Intangible Property / Val Napoleon

Concluding Thoughts and Fundamental Questions / Michael Asch

Appendix

Index

Promotional Information

The essays in these two volumes [First Nations Cultural Heritage and Law and Protection of First Nations Cultural Heritage] invoke national, international, and First Nations customary law as a channel for reversing and providing redress for a major effect of colonialism. They gather substantial information around this theme in a discourse of advocacy, providing a strong focus for discussion but leaving to one side significant issues that are likely to require nuanced consideration when specific questions concerning particular aspects of heritage require resolution. -- Andrea Laforet, Canadian Museum of Civilization Museum Anthropology, Vol. 34, Issue. 1, 2011

About the Author

Catherine Bell is a professor of law at the University of Alberta. Robert K. Paterson is a professor of law at the University of British Columbia.

Contributors: Michael Asch, Kelly Bannister, Catherine Bell, Rosemary J. Coombe, Melodie Hope, Robert G. Howell, Darlene Johnston, James Nafziger, Val Napoleon, George P. Nicholas, Robert K. Paterson, Roch Ripley, Bruce Ziff, and Norman Zlotkin

Reviews

"This book makes a major contribution to the field by demonstrating the multifaceted nature of cultural heritage issues, and the intersections of domestic, international, and First Nations law that are pivotal to understanding and resolving such issues." - Rebecca Tsosie, author of American Indian Law: Native Nations and the Federal System. "The relationship between indigenous communities and institutions that hold important parts of their cultural heritage is one of the most significant and critical issues for national and international heritage law today. This book provides a detailed analysis of the Canadian experience, showing the complexity of existing law, tribal law, and changing attitudes on the holding or repatriation of human remains, site materials, and "intangible" heritage. - Lyndel Prott, co-author of Law and the Cultural Heritage.