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12 Stan. L. & Pol'y Rev. 255 (2001)
Traditional Property and Modern Laws: The Need for Native American Community Intellectual Property Rights Legislation

handle is hein.journals/stanlp12 and id is 261 raw text is: Traditional Property and Modern Laws: The Need for Native American Community Intellectual Property Rights Legislation by James D. Nason Legal issues regarding cultural property have become both more complex and more urgent in the last thirty years, especially in connection with the ancestral and contemporary cultural property of indigenous peoples. Cultural property in this context usually refers to prehistorical and historical objects that significantly represent a group's cultural heritage, whether the group is a tribe or other localized community, a cultural or ethnic group, or a nation qua political entity Contemporary legal actions have focused primarily on two related issues: the illicit removal of cultural materials from their places of origin; and A people's id, sovereign grc represented b cultural prol demoralized o by its remova also vital to re comparablo intangible property, wh importan protecti their subsequent entry into a growing international market for ethnic arts and antiquities, a multi-billion dollar per year industry represented by the varied interests and motivations of dealers, collectors, galleries, and museums. Since 1970, the international community has reacted to the theft, smuggling, and false representation of cultural James D. Nason, a member of the Comanche Tribe, is currently Curator of Pacific and American Ethnology at the Thomas Burke Memorial Washington State Museum. He is also Professor of Anthropology and Director of the Museology Graduate Program at the University oJ Washington, where he also served as Director of the American Indian Studies Center, which he co-founded. property with a number of entity as a conventions, treaties, and national up can be legislations. Notable examples of these actions include the 1970 y tangible UNESCO (United Nations Educational, Scientific, and Cultural lerty, and Organization) Convention on the r destroyed Means of Prohibiting and Preventing But it is the Illicit Import, Export, and Transfer of Ownership of Cultural cognize the Property; the more recent 1995 role f UNIDROIT (Institute for the ro Unification of Private Law) cultural Convention on Stolen or Illegally Exported Cultural Objects; and the ich lacks 1971 Treaty of Cooperation between t legal the United States of America and the United Mexican States Providing for ons. the Recovery and Return of Stolen Archaeological, Historical, and Cultural Properties.2 These have all attempted to protect important cultural property from illicit acquisition and to provide mechanisms for its restoration through various means of repatriation to the original owners or nations of origin. In the United States, cultural property legislation had until recently been primarily represented by a limited number of archaeological resource and historical preservation laws. The notable exception, however, is the Native American Graves Protection and Repatriation Act of 1990 (NAGPRA, codified at 25 U.S.C. § 3001) NAGPRA is arguably the most important example of cultural property legislation in our history and has established an international landmark for such legislation. VOLUME 12:2 2001 2-5-5

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