An ongoing debate on the protection of traditional knowledge was prompted by the United Nations General Assembly declaration of the International Decade of the World's Indigenous Peoples in 1995 and the declaration of the Second International Decade in 2004. These two declarations challenged governments and the international community to address, nationally and internationally, issues that affect indigenous communities. One such issue is the protection of traditional knowledge. The three key international multilateral forums that are debating traditional knowledge issues are the World Intellectual Property Organization, the World Trade Organization, and the Convention on Biological Diversity. Using a political economy framework, this study analyzes the policymaking processes and mandates of the three multilateral forums in order to highlight stakeholders' levels of involvement in these processes. The study found that the multilateral forums' power structures, mandates, and decision-making processes disadvantage indigenous peoples and hinder their full participation in the forums' processes. The study recommends establishing a forum that would take into account indigenous peoples' worldviews; otherwise policy outcomes from these discussions will probably disadvantage indigenous peoples.

This article considers the measures being taken in Bhutan to support the cultural practices and traditions of weaving as Bhutan rapidly moves to modernize. Woven cloth is one of a number of artisan practices in Bhutan that contribute to a unique body of intangible cultural heritage, and a distinctive and instantly recognizable Bhutanese identity. Cloth and cloth production have come to have significant influence on the cultural, socioeconomic and political, as well as the ceremonial and religious life of the people of Bhutan. However with modernization and an increasingly global outlook, many socioeconomic transformations are taking place, challenging traditional cultural practices to remain relevant and viable to younger generations. Bhutan offers a unique case study as a country engaging only relatively recently with globalization after a long history of cultural isolation. Bhutan also offers up a unique policy response to modernization, its Gross National Happiness (GNH) measure, which attempts to embody a strong social, cultural, and environmental imperative within the development process. This article will analyze the various measures taking place to maintain cultural identity and cultural practices within the context of development policy and practice, and will link this discussion to measures and approaches taking place at an international level by agencies such as UNESCO.

Perhaps surprisingly, a number of Canadian jurisdictions have been at the cutting edge of legal exemptions from seizure or attachment processes for artworks on loan. Starting with the curious case of Hermitage treasures displayed in Winnipeg in the mid-1970s and using other intriguing examples, this article traces the historical origins of Canadian legislation with particular regard to the international context. The current state of the law in Canada is summarized and compared to that of other international jurisdictions.

The process adopted by the local government to protect the interior of an old building in Victoria, British Columbia, culminated in a significant compensation award in favor of the building's owner and highlights the shortcomings of a coercive regulatory approach to heritage conservation. This study focuses on the relationship between cooperative resolution of conflicts between the rights of the public to protect heritage buildings and the rights of private property owners to the use of their property without interference, on the one hand, and the long-term utility and conservation of historic buildings and the sustainability of local government heritage programs, on the other. Analysis includes discussion on (a) key issues arising out of an involuntary heritage designation, (b) flexible alternative conservation mechanisms and incentives available to local governments, (c) approaches to conservation of heritage buildings in other jurisdictions, and (d) opportunities for improvement in the local government heritage conservation program.

When the U.S. Congress passed the Visual Artists Rights Act (VARA) in 1990, no legislator really anticipated that courts would be applying the act to art installations that were only half-finished. But this was the very challenge that the U.S. Appellate Court for the First Circuit faced in Massachusetts Museum of Contemporary Art Foundation, Inc. v. Christoph Büchel. Deliberating over a failed football-field-sized art installation wryly entitled “Training Ground for Democracy,” the appellate court was asked to determine whether VARA protected Swiss artist Büchel's moral rights in his half-finished work that if completed would have given viewers “training to be an immigrant, training to vote, protest, and revolt, training to loot, training [in] iconoclasm, training to join a political rally, training to be the objects of propaganda, training to be interrogated and detained and to be tried or to judge, training to reconstruct a disaster, training to be in conditions of suspended law, and training various other social and political behaviors.”