ABSTRACT
This article explores the interplay between climate change and cultural heritage, in particular the intangible aspects of cultural heritage, in international legal frameworks, either existing or under development. The prime focus of the current climate change regime of the United Nations Framework Convention on Climate Change (UNFCCC) is the reduction of greenhouse gas emissions, leaving certain aspects of cultural heritage rather on the sidelines of debate and policy. However, where climate change combines with generally weak law and policy for culture and traditions, countries vulnerable to climate change may face significant cultural loss in the years to come.
In its inventory of present and contemplated legal protection options, this article draws particular attention to policymaking directed at shaping a “rights-based” system in the form of sui generis rights, to complement any existing intellectual property-based protection. If adequately motivated, indigenous people have a key role to play not only in observing change, but also in developing adaptive models to cope.
