Will the STOP Act Stop Anything? The Safeguard Tribal Objects of Patrimony Act and Recovering Native American Artifacts from Abroad

Authors

Aaron Haines, Benjamin N. Cardozo School of Law

Abstract

The note examines the challenges of repatriating sacred Native American artifacts auctioned in France, highlighting the limitations of current U.S. laws like NAGPRA and proposing amendments to strengthen their effectiveness. It argues that while international frameworks like UNESCO and UNIDROIT conventions provide some guidance, they are often ineffective without binding enforcement mechanisms. The analysis advocates for reforms to NAGPRA, including an export license system and enhanced legal representation for Native American tribes in foreign courts, to improve repatriation outcomes.

Disciplines

Law

Recommended Citation

Aaron Haines, Will the STOP Act Stop Anything? The Safeguard Tribal Objects of Patrimony Act and Recovering Native American Artifacts from Abroad, 39 Cardozo L. Rev. 1091 (2018).
Available at: https://larc.cardozo.yu.edu/clr/vol39/iss3/14