Eco-migratory flows between myths and fears. Legal uncertainties in the management of climate (in)security

Abstract

The essay aims to suggest a critical reflection on the claim of Western legal tools to the analysis of climatic migrations through their historical and socio-political background, formerly the Victorian era. In detail, some critical issues related to the key of human rights are discussed, in the light of the misalliance between Western legal thought, non-Western legal cultures and the outset of the relationship between man, nature and society that they express, and the strategies of resistance and adaptation that native communities have developed towards a natural habitat which has been made hostile by adverse climatic phenomena. These findings are scrutinized in the light of some administrative and judicial decisions concerning climate migrants seeking protection, while highlighting the status of this decision-making method in the implementation of eco-migration management policies