Taonga : propriété ou possession ?

Droit et Cultures

关键词: Heritage;    Culture;    Rights of Indigenous peoples;    Property;    Māori;    Treaty of Waitangi;   

DOI  :  10.4000/droitcultures.7080

来源: DOAJ

【 摘 要 】

Referring to the material and immaterial possessions of a Māori group, the polysemic term taonga remains controversial. It raises issues regarding, both, the protection of Māori cultural and intellectual property, and Māori sovereignty with regard to territory and resources. All these are hard to reconcile under New Zealand common law. The purpose of the article is to address the issue by considering the meaning of taonga based on the Treaty of Waitangi in light of the difference between property and possession, that is, between a universal category determining the utilisation and sharing of biotic resources, as opposed to a historically specific form of ownership governed by industrial capitalism.

【 授权许可】

Unknown