Stimulating Trade and Development of Indigenous Cultural Heritage by Means of International Law: Issues of Legitimacy and Method
Adopting the view that a more active participation of indigenous peoples in the trade of their knowledge assets would promote their socioeconomic development raises difficult questions of legitimacy and method. Questions of legitimacy are posed by the potentially modernising effects of development endangering traditional ways of indigenous peoples’ social organisation. Questions of method arise when studying how international law, including international economic law, could better contribute to furthering the development interests of indigenous peoples in the trade of indigenous cultural heritage (ICH). There will be many areas where modern law and indigenous custom collide. These questions are the focus of the first part of the paper. The second part studies international law’s potential to stimulate ICH trade for the sake of indigenous socioeconomic development. To this end, it first assesses how interests of indigenous peoples in trade and development of ICH are currently institutionalised in international economic law. The paper then examines whether preferential trade rules for indigenous cultural goods and services would be an adequate tool to advance the interests of indigenous peoples in ICH trade and development.
Indigenous Cultural Heritage and Fair Trade: Voluntary Certification Standards in the Light of WIPO and WTO Law and Policymaking
Private initiatives for voluntary certification standards appear to be an attractive alternative to top-down approaches in the field of indigenous cultural heritage and development. Over the last 50 years, many different indigenous communities have attempted to use certification trademarks to promote their authentic cultural products. These schemes have had varying success, but arguably none has been as visually unsuccessful as the government-funded Australian system, which collapsed within two years of its inception. On the other side of the scale, the Fairtrade label is considered to be an international triumphant success. This paper assesses why the Australian authenticity label system failed, while the Fairtrade label succeeded, and how these conclusions can be used for existing and future endeavours. It further discusses whether such a voluntary certification system would be compliant with World Intellectual Property Organisation and World Trade Organisation law and policy. It concludes by looking towards the future and the possibility of the Fairtrade label being extended to meet the interests of indigenous communities.
WTO- Technical Barriers and SPS Measures
Preface to the Series Preface to this Volume List of Contributors Table of Abbreviations and Acronyms General Bibliography General Agreement on Tariffs and Trade 1994 Article III GATT (Hestermeyer) Article XI GATT (Wolfrum) Article XX GATT [Introduction] (Wolfrum) Article XX GATT [Chapeau] (Wolfrum) Article XX lit. a GATT (Wenzel) Article XX lit. b GATT (Stoll & Strack) Article XX lit. c GATT (Matz-Luck) Article XX lit. d GATT (Reyes-Knoche & Arend) Article XX lit. e GATT (Wenzel) Article XX lit. f GATT (Matz-Luck) Article XX lit. g GATT (Matz-Luck & Wolfrum) Article XX lit. h GATT (Matz-Luck) Article XX lit. i GATT (Matz-Luck) Article XX lit. j GATT (Matz-Luck) Agreement on Technical Barriers to Trade Preamble TBT (Koebele) Article 1 and Annex 1 TBT (Koebele) Article 2 TBT (Tamiotti) Article 3 TBT (Tamiotti) Article 4 und Annex 3 TBT (Koebele & LaFortune) Article 5 TBT (Munoz) Article 6 TBT (Munoz) Article 7 TBT (Munoz) Article 8 TBT (Munoz) Article 9 TBT (Koebele) Article 10 TBT (Koebele) Article 11 TBT (Krajewski) Article 12 TBT (Krajewski) Article 13 TBT (Bartels) Article 14 and Annex 2 TBT (Schorkopf) Article 15 TBT (Bartels) Agreement on the Application of Sanitary and Phytosanitary Measures Preamble SPS (Charnovitz) Article 1 and Annex A SPS (Charnovitz) Article 2 SPS (Seibert-Fohr) Article 3 SPS (Landwehr) Article 4 SPS (Landwehr) Article 5 SPS (Stoll & Strack) Article 6 SPS (Landwehr) Article 7 and Annex B SPS (Boeckenfoerde) Article 8 and Annex C SPS (Boeckenfoerde) Article 9 SPS (Seibert-Fohr) Article 10 SPS (Seibert-Fohr) Article 11 SPS (Schorkopf) Article 12 SPS (Roeben) Article 13 SPS (Roeben) Article 14 SPS (Roeben) Index