Indigenous cultural heritage and artistic expressions: Localizing intellectual property rights and UNESCO claims

This article examines the protection of indigenous peoples’intangible heritage at the international level by addressing the problem of appropriation and commodification of traditional and artistic cultural expressions (TCEs) through the multiplicity of existing international legal regimes. These legal regimes include general and indigenous-specific human rights rules, UNESCO conventions and guidelines, as well as international norms of general application, such as those pertaining to intellectual property (IP). The author adopts a skeptical approach towards the suitability of international norms and processes to address the question of indigenous heritage. Drawing upon the efforts of regional bodies and national paradigms from Canada, Australia, the United States and New Zealand, the author argues that, in legal planning and decision-making, priority should be given to the “localization” of indigenous claims and peoples’ local empowerment.