Cultural Law: International, Comparative, and Indigenous

James A. R. Nafziger · Robert Kirkwood Paterson · Alison Dundes Renteln

nov 2010 · Cambridge University Press

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Cultural law is a new and exciting field of study and practice. The core themes of linguistic and other cultural rights, cultural heritage, traditional crafts and knowledge, the performing arts, sports, and religion are of fundamental importance to people around the world, engaging them at the grass roots and often commanding their daily attention. The related legal processes are both significant and complex. This unique collection of materials and commentary on cultural law covers a broad range of themes. Opening chapters explore critical issues involving cultural activities, artifacts, and status as well as the fundamental concepts of culture and law. Subsequent chapters examine the dynamic interplay of law and culture with respect to each of the core themes. The materials demonstrate the reality and efficacy of comparative, international, and indigenous law and legal practices in the dynamic context of culture-related issues. Throughout the book, these issues are presented at multiple levels of legal authority: international, national, and subnational.

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James A. R. Nafziger is Thomas B. Stoel Professor of Law and Director of International Programs at the Willamette University College of Law. A former President of the American Branch of the International Law Association, he serves as Chair of the ILA's Cultural Heritage Law Committee. Professor Nafziger is the author of International Sports Law and co-editor of The Cultural Heritage of Mankind and Cultural Heritage Issues: The Legacy of Conquest, Colonization and Commerce.

Robert Kirkwood Paterson is a Professor of Law in the Faculty of Law at the University of British Columbia. He is an editor of the International Journal of Cultural Property and Rapporteur of the Cultural Heritage Law Committee of the International Law Association, of which he is a Canadian board member. He has written widely about cultural property and international trade law, most recently as co-editor of Protection of First Nations Cultural Heritage: Laws, Policy, and Reform (2009).

Alison Dundes Renteln is a Professor of Political Science and Anthropology at the University of Southern California. She is an expert on cultural rights, including the use of the 'cultural defense' in the legal system, and has lectured to judicial organizations and law enforcement groups on this subject. She served on the State Bar Commission on Access to Justice and the California Judicial Council Access and Fairness Advisory Committee.