Traditional Cultural Expression: The Missing Link in Article 7(5) Adaptation Strategies

The UN Climate Regime does not make progress in the protection of Traditional knowledge (TK) despite its commitment to sustainable development, eradication of poverty and engagement with indigenous peoples. The chapter examines the paradox of traditional knowledge within the Paris Agreement: its acknowledged importance for adaptation under Article 7.5, coupled with the inherent risk of appropriation and uncompensated utilisation. The analysis positions TK protection within the broader, often complex, international legal landscape, revealing how the Paris Agreement, despite its intentions, reinforces existing weak legal protections. To achieve greater equity in TK utilisation, the Paris Agreement should prioritise recognising Traditional Cultural Expressions (TCEs) as the mode of TK transmission. This can be accomplished through a TK-sensitive amendment of implementation of Articles 6, 10, and 11, coupled with the establishment of robust safeguards against the uncompensated use of TK.