Emergenza climatica e tutela del patrimonio culturale immateriale nel contesto giuridico internazionale e interamericano

The present article examines the extent to which international and Inter-American frameworks concerning climate adaptation and Loss and Damage ensure the protection of intangible cultural heritage (ICH) and the derivative right to cultural identity for local and indigenous peoples. After a preliminary appraisal of the international legal regime for the safeguarding of intangible cultural heritage, this paper narrows its focus to an analysis of the international framework on adaptation and Loss and Damage, as an essential instrument for ICH preservation. Furthermore, given the intrinsic link between ICH degradation and the infringement of the right to cultural identity, the paper investigates international and Inter-American legislation and jurisprudence, assessing the available remedies for such violations. Finally, the article evaluates adaptation and climate Loss and Damage measures adopted by American States, assessing their compliance with international and regional obligations.