- ISBN: 9781895830156 | 189583015X
- Cover: Paperback
- Copyright: 1/1/2000
Dr. Marie Battiste, a Mi'kmaq from Unama'kik (Cape Breton, Nova Scotia) and a graduate of Harvard and Stanford, is a Professor in the Indian and Northern Education Program at the University of Saskatchewan. She is also a United Nations technical expert on the guidelines for protecting Indigenous heritage James (Sa'ke'j) Youngblood Henderson is Chickasaw, born to the Bear Clan of the Chickasaw Nation and Cheyenne Tribe in Oklahoma. He was one of the first American Indians to graduate in law from Harvard University. He is currently a member of the University of Saskatchewan's College of Law and is research director of its Native Law Centre. He is the author and editor of many books
| Acknowledgments | p. ix |
| Preface | p. 1 |
| Introduction | p. 9 |
| The Lodge of Indigenous Knowledge in Modern Thought | |
| Eurocentrism and the European Ethnographic Tradition | p. 21 |
| Assumptions About the Natural World | p. 23 |
| Assumptions About Human Nature | p. 27 |
| Assumptive Quandaries | p. 29 |
| The Ethnographic Tradition | p. 30 |
| What Is Indigenous Knowledge? | p. 35 |
| Decolonizing the Eurocentric Need for Definitions | p. 36 |
| Entering Uncharted Territory | p. 38 |
| Locating Indigenous Knowledge | p. 41 |
| Traditional Ecological Knowledge | p. 43 |
| The Transmission of Indigenous Knowledge | p. 48 |
| Towards an Understanding of the Rights of Indigenous Peoples to Their Knowledge and Heritage | |
| The Concept of Indigenous Heritage Rights | p. 59 |
| International Definition of Indigenous | p. 61 |
| Indigenous Knowledge and Heritage | p. 65 |
| Sacred Ecologies and Legal Corollaries | p. 66 |
| Interconnected Rights | p. 68 |
| Indigenous Knowledge as Intellectual Property | p. 69 |
| Indigenous Legal Systems | p. 71 |
| The Importance of Language for Indigenous Knowledge | p. 73 |
| Indigenous Languages and the Natural World | p. 75 |
| The Eurocentric Illusion of Benign Translatability | p. 79 |
| Consequences of the Eurocentric Illusion | p. 82 |
| Decolonizing Cognitive Imperialism in Education | p. 86 |
| The School System | p. 87 |
| Cognitive Clashes | p. 89 |
| Decolonizing the System | p. 92 |
| Educational Contexts | p. 93 |
| Religious Paradoxes | p. 97 |
| Divine Order and Secular Law | p. 97 |
| Correcting False Translations | p. 99 |
| Freedom From Missionaries | p. 104 |
| Sacred Healing Sites | p. 106 |
| Tourism, Vandalism, and Problems of Privacy | p. 109 |
| Right to Harvest and Use Ceremonial Materials in Religious Practices | p. 110 |
| Indigenous Burial Grounds | p. 111 |
| Return and Reburial of Ancesters' Remains and Artifacts | p. 113 |
| Paradigmatic Thought in Eurocentric Science | p. 117 |
| Medical Research and "Biopiracy" | p. 125 |
| Genetic Diversity in Agricultural Biotechnology | p. 129 |
| Ethical Issues in Research | p. 132 |
| Eliminating the Eurocentric Bias in Research | p. 132 |
| RCAP Ethical Guidelines for Research in Canada | p. 136 |
| Canadian Research Councils Policy Statement of Ethical Conduct on Research on Human Subjects | p. 138 |
| Breaches of Confidentiality of Sacred Knowledge | p. 140 |
| Community Control of Research | p. 141 |
| Professional Organizations and Ethics | p. 142 |
| Indigenous Heritage and Eurocentric Intellectual and Cultural Property Rights | p. 145 |
| Culture Versus Nature | p. 146 |
| Recovery of Sacred and Ceremonial Objects | p. 151 |
| Authenticity | p. 157 |
| Communal Rights to Traditional Designs in Modern Artworks | p. 160 |
| Cultural Appropriation | p. 164 |
| Exhibitions | p. 165 |
| Issues in the Performing Arts | p. 165 |
| Advertising Use of Indigenous Peoples and Arts | p. 167 |
| Existing Legal Regimes and Indigenous Knowledge and Heritage | |
| The International Intellectual and Cultural Property Regime | p. 171 |
| UN Human Rights Coventions and Covenants | p. 172 |
| The International Intellectual Property Regime | p. 174 |
| Technology, "Know-how," and Trade Secrets | p. 182 |
| International Trade and Aid Measures | p. 184 |
| Protection of Folklore | p. 190 |
| Special International Instruments Concerned With Indigenous Peoples | p. 193 |
| The Canadian Constitutional Regime | p. 201 |
| Interpreting the Constitution of Canada | p. 204 |
| Indigenous Knowledge and Heritage as an Aboriginal Right | p. 212 |
| The Canadian Legislative Regime | p. 216 |
| Federal Cultural Property Law | p. 217 |
| Federal Intellectual Property Law | p. 222 |
| Federal Common Law | p. 231 |
| Provincial Law | p. 235 |
| The Need for Legal and Policy Reforms to Protect Indigenous Knowledge and Heritage | |
| Rethinking Intellectual and Cultural Property | p. 241 |
| Moral Rights | p. 245 |
| Personality or Publicity Rights | p. 246 |
| Patents, Trademarks, and Passing Off | p. 248 |
| The Commodification of Culture | p. 250 |
| Current International Reforms | p. 251 |
| United Nations Decade of the World's Indigenous Peoples (1995-2004) | p. 256 |
| Draft Declaration on the Rights of Indigenous Peoples (1994) | p. 257 |
| Protecting Traditional Ecological Knowledge | p. 259 |
| Enhancing Indigenous Knowledge and Heritage in National Law | p. 262 |
| National Protection Strategies | p. 263 |
| Fair and Equitable Sharing of Benefits | p. 264 |
| The Importance of Indigenous Use and Management of Ecosystems | p. 265 |
| Present Status of Ecologically Related Knowledge | p. 267 |
| Effective Protection of Knowledge and Practices | p. 269 |
| Canadian Policy Considerations | p. 271 |
| Report of the Royal Commission on Aboriginal Peoples | p. 272 |
| Operational Principles | p. 277 |
| Canadian Reforms | p. 278 |
| International Reforms | p. 282 |
| Conclusion | |
| Conclusion | p. 291 |
| Acronyms | p. 293 |
| References | p. 294 |
| Acts, Regulations, and Guidelines | p. 307 |
| Legal Cases | p. 310 |
| Index | p. 313 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
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