Ethical issues in cultural property law pertaining to indigenous peoples

Abstract
In this article, I use the 5Ps Framework for Ethical Problem Solving to begin meaningful discourse on the ethical problems in cultural property law pertaining to indigenous descendants of creator cultures. I use the divisiveness in the cultural property debates and the recent passage of the UN Declaration on the Rights of Indigenous Peoples as a backdrop, highlighting points of tension between indigenous interests and those of other cultural property stakeholders. I identify three ongoing ethical problems in international cultural property law: (1) that indigenous peoples are persistently underrepresented; (2) that the current cultural property model inappropriately ties possession/control to beneficial interest, such that arguments against indigenous peoples getting control of artifacts prevent them from receiving a beneficial interest; and (3) that unsolicited representation of indigenous interests reinforces the damaging idea that they are in need of custodial care, undermining the argument that they are competent to control cultural property. I conclude with a recommendation that stakeholders proceed to the second level of ethical decision making, exploring what options will address these ethical concerns. Indigenous involvement in this process in crucial. I suggest that better recognition is given to indigenous interests as distinct from those of other stakeholders, especially source nations. I further propose that indigenous peoples are more effectively involved in resolving international cultural property disputes.
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,928
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA

No citations found.

Similar books and articles
Analytics

Monthly downloads

Added to index

2009-02-27

Total downloads

7 ( #184,859 of 1,100,501 )

Recent downloads (6 months)

1 ( #289,155 of 1,100,501 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.