Conflict of Laws and the Return of Indigenous Peoples' Cultural Property: A Latin American Perspective. Issue 4 (November 2019)

• Record Type: Journal Article
• Authors: Ochoa Jiménez, María Julia
• Is Part Of: International journal of cultural property. Volume 26:Issue 4(2019)
• Page Start: 437
• Page End: 456
• Publication Date: 2019-11
• Subjects: Cultural property -- Protection -- Periodicals; Cultural property -- Protection -- Law and legislation -- Periodicals; Cultural property -- Protection (International law) -- Periodicals; Cultural policy -- Periodicals; 341.7677
• DOI: 10.1017/S0940739119000341
• Languages: English
• ISSNs: 0940-7391

Abstract

Abstract: In Latin America, conflict-of-law norms have not appropriately considered the cultural diversity that exists in their legal systems. However, developments towards the recognition of Indigenous peoples' human rights, at the international and national levels, impose the task of considering such diversity. In that regard, within the conflict-of-law realm, interpersonal law offers a useful perspective. This article proposes a conflict-of-law rule that can contribute to clarity and legal certainty, offering a sound way of dealing at the national level with Indigenous peoples' claims for restitution of property with a cultural value for them, which is framed in international instruments on human rights.