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Vol. 36 No. 3 (2013): Pacific Studies Full Issue, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US $26.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, …

Exile And Compassion: The Management Of Leprosy In The Cook Islands, 1925-95, Raeburn Lange

Pacific Studies

After its introduction to the northern Cook Islands in the nineteenth century, leprosy (Hansen's disease) gradually spread throughout the group and became a public health problem. This article traces the history of the disease and its management from the time when the colonial government ceased to rely only on the isolation of leprosy sufferers on islets with in the Cook group and began to supplement its internal control measures by sending many of the patients to Makogai in Fiji. The authorities' changing approaches to the control of leprosy in the group throughout the period are examined as a way of …

Vol. 36 No. 3 (2013): Pacific Studies Front Matter, The Jonathan Nāpela Center For Hawaiian And Pacific Islands Studies

Pacific Studies

Front Matter for the Vol. 36, No 3-Dec 2013 edition of the Pacific Studies Journal.

On Spanish Loanwords And Loanblends In Hawal'i Creole English, Robert N. Smead

Pacific Studies

Hawai'i Creole English (HCE) has been the object of much linguistic research. Virtually all researchers agree that its principal lexical sources include English, Hawaiian, and Japanese. Other languages, such as Chinese and Portuguese, have also contributed. To elate, however, few sources have considered Spanish as an important lexical source for HCE. The research reported herein attempts to remedy that oversight by considering ten putative loanwords and loanblends thought to derive from Spanish. These include ethnic markers associated with and local dishes brought by Filipino and Puerto Rican immigrants in the early twentieth century. By documenting cultural traditions and consulting authoritative …

"What's In A Name?": Heteroglossia And History In Native Alaskan Names, Shannon Hannahs

UNLV Theses, Dissertations, Professional Papers, and Capstones

This thesis examines Native Alaskan personal names and naming practices and how these names are being used to index cultural identity in Anchorage, Alaska. In order to do this, I follow Mikhail Bakhtin's theory of heteroglossia (1981), which states all words are populated with meaning from all of the contexts in which they have been used in the past. Native Alaskan personal names should be considered heteroglossic based on the Yup'ik/Cup'ik and Inupiaq beliefs that personal names are a type of soul that carries with it the characteristics of a person who uses it. When that person dies, the name-soul …

Agenda: Free, Prior And Informed Consent: Pathways For A New Millennium, University Of Colorado Boulder. Getches-Wilkinson Center For Natural Resources, Energy, And The Environment, University Of Colorado Boulder. School Of Law. American Indian Law Program

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

Presented by the University of Colorado's American Indian Law Program and the Getches-Wilkinson Center for Natural Resources, Energy & the Environment.

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), along with treaties, instruments, and decisions of international law, recognizes that indigenous peoples have the right to give "free, prior, and informed consent" to legislation and development affecting their lands, natural resources, and other interests, and to receive remedies for losses of property taken without such consent. With approximately 150 nations, including the United States, endorsing the UNDRIP, this requirement gives rise to emerging standards, obligations, and opportunities …

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (United Nations Workshop, 17-19 January 2005), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

U.N. Doc PFII/2004/WS.2/6

Principles Of International Law For Multilateral Development Banks: The Obligation To Respect Human Rights, Robert T. Coulter, Leonardo A. Crippa, Emily Wann

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

41 pages.

"January, 2009"

www.indianlaw.org

Indigenous Peoples’ Right Of Free Prior Informed Consent With Respect To Indigenous Lands, Territories And Resources (June 28, 2010), Indian Law Resource Center

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

3 pages.

"June 28, 2010"

Free, Prior And Informed Consent: Ilo 169 And Undrip, Kelsey Peterson

Free, Prior and Informed Consent: Pathways for a New Millennium (November 1)

2 pages.

"Kelsey Peterson, American Indian Law Program Fellow, University of Colorado Law School Class of 2015"

Lobb, Dorothy (Willoughby) (Fa 764), Manuscripts & Folklife Archives

Folklife Archives Finding Aids

Paper titled “An Echo in the Mist” written by Dorothy Willoughby Lobb for a folk studies class at Western Kentucky University. The paper explores the Cherokee removal of 1838 and the connection of the movement with the Denham family. Photocopies of family photographs are included.

Protecting And Promoting Traditional Knowledge: A Tool For Economic Development In The Pacific, Douveri Mavaru Henao

Pacific Studies

With dwindling natural resource receipts for pacific government coffers, developing alternative revenue sources and economic activities is paramount. One sector that may provide sustainable revenue flows, a high participation rate of Pacific Islanders, and stable market demand is the utilization of the traditional knowledge (TK) sector. Significant challenges remain in establishing a stable and predictable policy and legal framework in which operators can confidently commercialize TK products. However, as will be seen in this paper, governments in the Pacific have taken the bold step to do this, which proves that there are opportunities beyond fish, rocks, and timber in Oceana.

Challenges Of Copyright Laws For Education In A Fiji University, Shareeni Kala, Ruwani Somaratne

Pacific Studies

Globalization poses new questions regarding the relation between copyright law and education. In an Information Communication Technology (lCT) environment, a key issue is how education can best benefit from the educational resources available while still observing laws such as copyright. Changing trends and the digitalization of resources has added new challenges in the area of education, especially in the Pacific Island Countries. The use of Internet search, online database, and electronic resources has grown with the advancement of these technologies. This paper illustrates some of the challenges that exist in smaller nations such as Fiji, by reporting on some empirical …

Regulation Of Access To Genetic Resources And Associated Traditional Knowledge: Approaches And Challenges In The South Pacific, Yuri Suzuki

Pacific Studies

Regulatory frameworks regarding access to genetic resources and associated traditional knowledge (TK) with access and fair and equitable benefit sharing (ABS) are of international significance because of their social, economic, and cultural implications for local communities in general and the South Pacific countries in particular. This has led to development of an international regime specifically addressing ABS and to regional and national initiatives in countries including Vanuatu. The main aim of this paper is to examine the current position of regulatory frameworks that address the issue of access to genetic resources and associated TK in Vanuatu. This paper will highlight …

The Developmental Ramifications Of Vanuatu's Intellectual Property Commitments On Joining The World Trade Organization, Miranda Forsyth

Pacific Studies

After over a decade of protracted negotiations, Vanuatu joined the World Trade Organization (WTO) in 2012. Intellectual property provisions formed part of Vanuatu 's accession package, and included some Agreement on Trade-Related Aspects of Intellectual Property (TRIPs) Plus provisions. This paper will look at the potential effects that these new undertakings will have on two key areas of development, namely, health and education. It argues that the new intellectual property framework is likely to have detrimental effects on access to both medicines and other medical technology and also educational materials, which is at odds with the developmental aspirations of membership. …

"The New Economy": Utilizing Creative, Cultural, And Innovative Industries For Sustainable Socioeconomic Development In Fiji, Salvin Nand

Pacific Studies

Today, creative, cultural, and innovative industries are becoming important differentiators and drivers of competitiveness and economic development in many regions of the world. Creative industry has many characteristics, including being knowledge intensive and of high economic value. These characteristics determine that the development of creative industry not only directly promotes economic growth but also drives upgrades of other industries, thereby promoting economic growth indirectly as well as directly. The Pacific region has long been projected as a pristine paradise with vast cultural, natural, and biological resources that have unique opportuities for sustainable economic development in Pacific Island countries. Pacific Island …

Intangible Cultural Heritage In The Pacific Islands: Why Europe Should Listen In, Katharina Serrano

Pacific Studies

Pacific Island countries (PICs) are developing countries that represent one of the culturally richest and most diverse regions worldwide. A decade ago, the realization evolved at the international level that intangible cultural heritage (ICH) represents a development tool with an inherent commercial value. Regional initiatives are currently trying to balance objectives of development and protection of ICH with the need for commercial exploitation and effects of commodification. Yet the same cannot be said about the Economic Partnership Agreement (EPA) between PICs and the EU. This article advocates that current efforts by the European Union (EU) in supporting regional and national …

Traditional Knowledge And Patents: A Brief Summary Of The Epo's Perspective, Enrico Luzzatto

Pacific Studies

Knowledge of the legal provisions of the European Patent Convention (EPC) relevant to traditional knowledge (TK ) is essential to TK holders such as in Pacific Island countries so that they can actively protect in Europe any TK-derived invention they may want to develop. It is also of fundamental importance to be able to properly defend their rights if a European patent application that could be based on their TK is filed without their consent. This paper introduces the role and structure of the European Patent Office (EPO) and basic legal requirements, as set out in the EPC, that are …

Protecting Nature And Culture: Enhancing Legal Frameworks For The Conservation Of Heritage In The Pacific, Erika J. Techera

Pacific Studies

It is well recognized that for Pacific Island peoples, nature and culture are inextricably linked. The protection of the natural environment and biodiversity, for example, are essential for the maintenance of traditional and contemporary lifestyles and cultures. Conversely, many aspects of Pacific intangible heritage, including traditional knowledge, are inherently associated with natural resources. Therefore, in this context, the protection of nature and culture cannot be separated. More broadly, the preservation of the unique biological and cultural diversity of this region is of importance for all people. The significance extends beyond ensuring cultural integrity and environmental health to providing a possible …

Vol. 36 No. 1/2 (2013): Pacific Studies Full Issue, Et Al Miranda Forsyth

Pacific Studies

Pacific Studies is published two times a year by The Jonathan Nāpela Center for Hawaiian and Pacific Studies, Brigham Young University Hawai‘i #1979, 55–220 Kulanui Street, Lāʻie, Hawai‘i 96762, but responsibility for opinions expressed in the articles rests with the authors alone. Subscription rate is US $26.00 yearly, payable to The Jonathan Nāpela Center for Hawaiian and Pacific Studies. The Jonathan Nāpela Center for Hawaiian and Pacific Studies (formerly The Pacific Institute) is an organization funded by Brigham Young University Hawai‘i. The Center assists the University in meeting its cultural and educational goals by undertaking a program of teaching, research, …

Copyright Prosecution-The Fiji Experience, Joseph Daurewa

Pacific Studies

Since the introduction of the Copyright Act of Fiji in 1999 and its recent amendment, Fiji has seen a fluctuation in the respect afforded to intellectual property rights. This research looks at copyright infringement, in particular movie piracy and the laws that relate to it, including the Berne Convention, other relevant international instruments, and domestic laws. Research was undertaken in assessing a recent movie piracy case, which serves as a precedent for movie piracy cases in Fiji. This particular case shows that Fiji is ready to undertake efficient and effective prosecutions of movie piracy cases. However, it also shows a …

Food Security In Pacific Island Countries, Sue Farran

Pacific Studies

This paper considers the advantages, disadvantages, and challenges confronting the use of intellectual property regimes in the context of food security. While there has been some shift in agricultural practices, subsistence cultivation remains an important aspect of the daily lives of many Pacific Islanders and reflects traditions that for centuries have preserved biodiversity and provided a buffer against crops failures and food loss caused by natural disasters. Climate change, population growth, the cost of imported foods, and loss of traditional knowledge mean that many of these aspects of food security are under pressure. Intellectual property regimes which result in disease-resistant …

Music In Traditional Exchanges In North Vanuatu, Monika Stern

Pacific Studies

Music is a social phenomenon all owing the possibility of indefinite recreations. Depending on the cultures, places, and times, musical exchanges have been locally managed in various ways. Today the tights to copy a particular music are a sensitive topic of current international interest because of the development of the music industry. In Vanuatu custom, a principle close to the concept of intellectual property rights has existed for centuries for music or other intangible knowledge. Traditionally, not everyone has the right to hand over certain parts of this knowledge; complex rules must be observed. Although for most sets of music …

Books Noted: Recent Pacific Islands Publications: Selected Acquisitions, January 2012-December 2012, Riley Moffat

Pacific Studies

THIS LIST of significant publications relating to the Pacific Islands was selected from new acquisitions list received from Brigham Young University-Hawaiʻi, University of Hawai'i at Manoa, Bernice P. Bishop Museum, University of Auckland, East-West Center, University of the South Pacific, National Library of the Australia, Melanesian Studies Resource Center, Center for Pacific and Asian Studies, University of Nijmegen, University of California, San Diego, Secretariat of the Pacific Community Library, Center for South Pacific Studies, University of New South Wales, Macmillan Brown Library at University of Canterbury, and the Australian International Development Assistance Bureau's Center for the Pacific Development Training. Other …

Understanding Slave Subsistence In The Context Of Changing Agricultural Practices: Paleoethnobotany At Thomas Jefferson's Poplar Forest, Samantha J. Henderson

Graduate Masters Theses

During the 18th and 19th centuries, enslaved people at Thomas Jefferson's Poplar Forest utilized provisioned, gardened, and wild plants from local environments surrounding their homes to provide for their own subsistence. The Wingo's quarter was home to a number of these enslaved individuals at the end of the 18th century. Using macrobotanical data, I describe the subsistence strategies of the people living at this quarter, showing how enslaved Africans and African Americans at Wingo's utilized different sources of food to shape their foodways. Additionally, edible and inedible botanical remains provide a picture of the local environment around Wingo's within which …

An Historical Archaeological Investigation Of The Indianola Prisoner Of War Camp In Southwestern Nebraska, Allison Marie Young

Department of Anthropology: Theses and Student Research

Second World War military operations resulted in the capture of thousands of prisoners of war. This led to the creation of internment facilities by both the Axis and the Allies. Archaeologists have begun to examine these facilities. The United States government established a POW program with numerous camps all over the country. This study provides the results of historical archaeological research at the Indianola prisoner of war camp in southwestern Nebraska. A goal of this research is to determine if the archaeological record reflects adherence to the Geneva Convention of 1929. The investigation included archival research and archaeological fieldwork with …

"As Our Elders Taught Us To Speak It": Chinuk Wawa And The Process Of Creating Authenticity, Kylie N. Johnson

Electronic Theses and Dissertations

Chinuk Wawa (also called Chinook Jargon) began as a trading language of the Pacific Northwest in the late eighteenth century. As it developed, it became the major heritage language of the Confederated Tribes of the Grand Ronde, an intertribal nation located in Oregon. Now, as older speakers of the language pass on, there is an effort by the Grand Ronde to revitalize this language not only on the Grand Ronde Reservation, but also in nearby Portland, Oregon. However, revitalization can be a complicated process, as tribal leaders attempt to define Chinuk to maintain its traditions while adapting its vocabulary for …

Cultural Continuity In A Nipmuc Landscape, Joseph Bagley

Graduate Masters Theses

This thesis examines the lithic assemblage from the 2005-2012 field seasons at the Sarah Boston site in Grafton, Massachusetts. The Sarah Boston site is associated with a multi-generational Nipmuc family living on the site during the late 18th through early 19th centuries. In total, 163 lithic artifacts, primarily quartz flakes and cores, were found throughout the site with concentrations north of a house foundation associated with the Nipmuc family. Reworked gunflints and worked glass were examined as examples of lithic practice associated with artifacts that are conclusively datable to the period after European arrival. Presence of quartz artifacts in an …

The Adair Site: Ouachita River Valley Relations Through Ceramic Analysis, Joanne Demaio

Graduate Theses and Dissertations

The Adair site (3GA1), located in the Upper Ouachita River Valley in Garland CO, Arkansas is an Upper Ouachita Caddo site. The people at the site are presumed to be at the center of cultural dominance for the area and had interaction with Caddo sites in the region. This thesis explores this by studying the whole vessel collections that were excavated at the Adair site in the 1930s. Comparing the Adair collection to three other Caddo sites provides information about the Social standing of the Adair site, its relations with other sites, and how it fits into the greater fabric …

Battle Mound: Exploring Space, Place, And History Of A Red River Caddo Community In Southwest Arkansas, Duncan Mckinnon

Graduate Theses and Dissertations

This research is a synthesis of archaeogeophysical and archaeohistorical data collected from the Battle Mound site (3LA1). Using these data, this research seeks to understand how the site is organized in terms of architectural variability and how differential use areas, such as domestic or community space, can be compared to ethnographic and archaeological data concerning Caddo community structure and landscape use. The research is formulated around three research questions related to spatial organization and settlement patterning, intrasite behavioral practices, and Caddo culture history. Results show that an examination at multiple scales of resolution can inform about the spatial organization and …