The Oregon Law Review has published New Ways to Fulfill Old Promises: Native American Hunting and Fishing Rights as Intangible Cultural Property.

Here is an excerpt:

Current law and policy in the United States has failed to develop a framework that accounts for the unique nature of intangible cultural heritage. Therefore, intangible cultural heritage, such as Native American hunting and fishing rights, lacks adequate protection. However, international laws—such as the United Nations Declaration on the Rights of Indigenous Peoples, and the United Nations Educational, Scientific, and Cultural Organization (UNESCO) Convention for the Safeguarding of Intangible Cultural Heritage—can help United States lawmakers develop a framework that recognizes Native American hunting and fishing rights as intangible cultural heritage, and adequately protects them as such.