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The law of the four poles: legal pluralism and resistance in climate adaptation

Brink, Ebba LU ; Vargas Falla, Ana Maria LU orcid and Boyd, Emily LU (2025) In Law & Society Review p.1-32
Abstract
Mounting climate-related floods, fires, droughts and storms across the globe raise crucial questions about the role of law in adjudicating rights and obligations. While climate litigation attracts scholarly attention, vulnerable populations often lack the means to use formal laws and courts. We draw on ethnographic interviews conducted in 2022 in the city of Cartagena, Colombia, to study how residents of informal settlements exposed to flooding resist exclusionary climate adaptation laws. The findings show how formal law has exacerbated differential climate vulnerability, and resulted in “seawalls for the rich, relocation (and stalled adaptation) for the poor.” In this context, residents claim land in risk-zones through a local rule system... (More)
Mounting climate-related floods, fires, droughts and storms across the globe raise crucial questions about the role of law in adjudicating rights and obligations. While climate litigation attracts scholarly attention, vulnerable populations often lack the means to use formal laws and courts. We draw on ethnographic interviews conducted in 2022 in the city of Cartagena, Colombia, to study how residents of informal settlements exposed to flooding resist exclusionary climate adaptation laws. The findings show how formal law has exacerbated differential climate vulnerability, and resulted in “seawalls for the rich, relocation (and stalled adaptation) for the poor.” In this context, residents claim land in risk-zones through a local rule system known as “the law of the four poles.” We argue that by challenging the legality of the state, and creating a rival legal order that better represents locally identified interests and entitlements, they are claiming a political voice in climate adaptation. We advance theory in both climate adaptation and sociology of law and discuss how the law can better reflect not only the science behind climate change but also the interest and needs of marginalized communities. (Less)
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author
; and
organization
publishing date
type
Contribution to journal
publication status
epub
subject
in
Law & Society Review
pages
1 - 32
publisher
John Wiley & Sons Inc.
ISSN
1540-5893
DOI
10.1017/lsr.2024.55
project
Everyday forms of resistance to state adaptation regulation: An ethnographic study of responses in informal settlements (RESIST)
Everyday forms of resistance to state adaptation regulation: An ethnographic study of responses in informal settlements
language
English
LU publication?
yes
id
c222669c-822a-47ca-bb19-a0cf0c95ff87
date added to LUP
2025-02-19 11:51:37
date last changed
2025-04-04 15:20:41
@article{c222669c-822a-47ca-bb19-a0cf0c95ff87,
  abstract     = {{Mounting climate-related floods, fires, droughts and storms across the globe raise crucial questions about the role of law in adjudicating rights and obligations. While climate litigation attracts scholarly attention, vulnerable populations often lack the means to use formal laws and courts. We draw on ethnographic interviews conducted in 2022 in the city of Cartagena, Colombia, to study how residents of informal settlements exposed to flooding resist exclusionary climate adaptation laws. The findings show how formal law has exacerbated differential climate vulnerability, and resulted in “seawalls for the rich, relocation (and stalled adaptation) for the poor.” In this context, residents claim land in risk-zones through a local rule system known as “the law of the four poles.” We argue that by challenging the legality of the state, and creating a rival legal order that better represents locally identified interests and entitlements, they are claiming a political voice in climate adaptation. We advance theory in both climate adaptation and sociology of law and discuss how the law can better reflect not only the science behind climate change but also the interest and needs of marginalized communities.}},
  author       = {{Brink, Ebba and Vargas Falla, Ana Maria and Boyd, Emily}},
  issn         = {{1540-5893}},
  language     = {{eng}},
  pages        = {{1--32}},
  publisher    = {{John Wiley & Sons Inc.}},
  series       = {{Law & Society Review}},
  title        = {{The law of the four poles: legal pluralism and resistance in climate adaptation}},
  url          = {{http://dx.doi.org/10.1017/lsr.2024.55}},
  doi          = {{10.1017/lsr.2024.55}},
  year         = {{2025}},
}