Justice in Contention: The Dynamics of Legal Mobilisation in Caimanes’ Environmental Struggle

Abstract

This paper examines legal mobilisation in socio-environmental movements through the Caimanes case, a Chilean community opposing the Los Pelambres mining project. It integrates structural and agency perspectives, highlighting the community's adaptation to political and legal opportunities and focusing on distributive environmental justice. The study identifies two protest cycles: the first seeking compensation, leading to community divisions, and the second addressing mining externalities, fostering unity and solidarity. It discusses judicial mobilisation's limitations, including challenges in aligning community and legal advisors’ aims and constraints within the Chilean judicial system. The analysis, based on fieldwork and secondary sources, contributes to understanding legal strategies in environmental justice movements, emphasising strategic decision-making's importance.