Header

UZH-Logo

Maintenance Infos

Institutionalization of creativity in traditional societies and in international trade law


Graber, Christoph B (2010). Institutionalization of creativity in traditional societies and in international trade law. i-call Working Paper Series 01, Universität Luzern.

Abstract

Modern legal systems were not developed to deal with the modes of creativity and the meanings behind cultural expressions of traditional societies. The protection of creative expressions and knowledge through intellectual property rights has a commoditizing effect, inconsistent with the customary norms of many traditional societies, such that the propertization is offensive. This paper assesses the concept of creativity, from a modern and traditional perspective, and the effect of globalization on Indigenous peoples’ views on the trade of their cultural heritage. It then analyzes Indigenous creativity in the realm of international trade law and how WTO law could better serve the interests of Indigenous peoples, with respect to their participation in the international trade of certain aspects of their cultural heritage, and discusses how the UN Declaration on the Rights of Indigenous Peoples may affect such trade.

Abstract

Modern legal systems were not developed to deal with the modes of creativity and the meanings behind cultural expressions of traditional societies. The protection of creative expressions and knowledge through intellectual property rights has a commoditizing effect, inconsistent with the customary norms of many traditional societies, such that the propertization is offensive. This paper assesses the concept of creativity, from a modern and traditional perspective, and the effect of globalization on Indigenous peoples’ views on the trade of their cultural heritage. It then analyzes Indigenous creativity in the realm of international trade law and how WTO law could better serve the interests of Indigenous peoples, with respect to their participation in the international trade of certain aspects of their cultural heritage, and discusses how the UN Declaration on the Rights of Indigenous Peoples may affect such trade.

Statistics

Downloads

14 downloads since deposited on 27 Jun 2016
5 downloads since 12 months
Detailed statistics

Additional indexing

Item Type:Working Paper
Communities & Collections:Working Paper Series > i-call Working Paper Series
Dewey Decimal Classification:Unspecified
Language:English
Date:2010
Deposited On:27 Jun 2016 07:17
Last Modified:07 Apr 2017 04:15
Series Name:i-call Working Paper Series
Number of Pages:28
ISSN:1664-0144
Related URLs:http://www.rwi.uzh.ch/lehreforschung/alphabetisch/graber/Research/workingpapers.html (Organisation)

Download

Preview Icon on Download
Preview
Content: Published Version
Filetype: PDF
Size: 453kB

TrendTerms

TrendTerms displays relevant terms of the abstract of this publication and related documents on a map. The terms and their relations were extracted from ZORA using word statistics. Their timelines are taken from ZORA as well. The bubble size of a term is proportional to the number of documents where the term occurs. Red, orange, yellow and green colors are used for terms that occur in the current document; red indicates high interlinkedness of a term with other terms, orange, yellow and green decreasing interlinkedness. Blue is used for terms that have a relation with the terms in this document, but occur in other documents.
You can navigate and zoom the map. Mouse-hovering a term displays its timeline, clicking it yields the associated documents.

Author Collaborations