How does legal culture matter for climate mobilities? A case study in an unplanned coastal settlement in urban Mozambique

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Halliday, Simon and Hoddy, Eric and Ensor, Jonathan and Wamsler, Christine and Boyd, Emily and Macome, Amelia (2024) How does legal culture matter for climate mobilities? A case study in an unplanned coastal settlement in urban Mozambique. Social and Legal Studies. pp. 1-21. ISSN 0964-6639 (https://doi.org/10.1177/09646639241288822)

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Abstract

This article responds to the general neglect of legal culture in the study of climate mobilities. It presents a case study of climate mobilities in an unplanned settlement in Maputo, Mozambique, exploring how legal culture influenced residents’ decision-making processes as they navigated climate-related risks in their daily lives. We demonstrate that legal culture can facilitate climate mobilities. However, we argue that the role of legal culture in enabling climate mobilities is potentially very complex. Our case study uncovered a nuanced ‘ecosystem’ of land laws in Mozambique, comprising two official systems – formal and informal. Despite their contradictory substantive content regarding land rights, these systems functioned symbiotically, allowing residents of unplanned settlements to mitigate the effects of climate risks. This apparent paradox is explained through the analytical lenses of jurisdiction, scale and temporality. We also argue that this ‘ecosystem’ of land laws can only fully be understood within the broader context of Mozambique's political economy, which attracts foreign investment and promotes urban development, often at the expense of those living in unplanned settlements. Future research into the significance of legal culture for climate mobilities must not only be attuned to the plurality of legal orders in play but also consider the scales and temporalities through which they operate. Furthermore, they must also interrogate the interplay between law and broader political, economic and social contexts.

ORCID iDs

Halliday, Simon ORCID logoORCID: https://orcid.org/0000-0001-5107-6783, Hoddy, Eric, Ensor, Jonathan, Wamsler, Christine, Boyd, Emily and Macome, Amelia;
CORE (COnnecting REpositories)