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Hastings International and Comparative Law Review

Authors

Theresa Simpson

Abstract

Numerous national laws, international treaties, and commentators recognize the cultural import of cultural property both to the world as a whole and to source nations. Those laws control trade, provide for special protection in time of war, and even restrict the alienability of certain types of property. Despite this recognition of the non-economic value of some property, existing laws may not provide actual source cultures a means to protect their interest in their own cultural heritage. This Note examines national[ and international laws affecting cultural property of indigenous groups in Australia, Canada, and New Zealand, and argues for more effective recognition of the cultural importance of cultural property by legislation which provides a means for source cultures to independently assert and protect their interest in their own cultural heritage.

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