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Socio-Environmental Movements Against Extractivism

Legal Mobilisation and Resistance in Chile

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This book offers an unprecedented exploration into the heart of socio-environmental conflicts and mobilisations sparked by extractive projects in Latin America, with a keen focus on Chile’s unique position. It provides readers with a comprehensive understanding of the intricate power dynamics between communities, corporations, and the state over environmental and territorial disputes. Delving into the contentious politics perspective, this book examines how political opportunities, organisational resources, and discursive frames developed by communities—and the strategic mobilisation of law—play a crucial role in shaping resistance against extractive projects. These conflicts are not just local disputes but are emblematic of broader environmental and political-economic transformations that challenge our understanding of sustainability, governance, and community rights. The relevance of this topic cannot be overstated in today’s global context, where environmental issues and Indigenous rights are increasingly at the forefront of political debates. By analysing the micro-foundations of contentious politics through the lens of Chile’s socio-environmental movements, this book sheds light on the mechanisms that underpin socio-legal mobilisation and protest. It offers a detailed comparison of three significant social contestation processes in Chile, providing insights into the varying strategies, aims, and resources of communities that stand against the environmental impacts of extractive industries. Furthermore, this book critically engages with classical theories of social mobilisation, adding empirical evidence and theoretical advancements to the discussion. It also considers the impact of geographical location, the phase of extractive projects, and the composition of social movements on the effectiveness of mobilisation efforts—both in the courtroom and on the streets.

Inhaltsverzeichnis

Frontmatter
Chapter 1. Socio-Legal Mobilisation Against Extractivism
Abstract
This introductory chapter sets the conceptual and analytical foundation for the book, which explores the dynamics of socio-environmental conflict and legal mobilisation in Chile. It outlines the research's central aim: to understand how local communities contest extractive projects through law and collective action, and how these struggles are shaped by political, territorial, and historical conditions. Drawing from political ecology, legal mobilisation theory, and social movement studies, the chapter situates Chile as a paradigmatic case of extractivism under neoliberal governance. It introduces the analytical triad used throughout the book—political opportunity structures, framing processes, and resource mobilisation—while also engaging with critiques from the Latin American tradition on territory, resistance, and post-coloniality. The chapter concludes by outlining the book’s structure and methodology, explaining the rationale behind the selection of the three case studies (Alto Maipo, Chiloé, and Caimanes), and previewing the key themes addressed in subsequent chapters. In doing so, it positions the study as both empirically grounded and theoretically innovative, offering insights into the legal, political, and discursive strategies of communities resisting extractive harm.
Sebastian Smart
Chapter 2. Socio-Legal Mobilisation in the Shadow of Extractivism
Abstract
This chapter explores the conceptual terrain of socio-legal mobilisation in Latin America, situating local environmental struggles within broader critiques of extractive capitalism and colonial legacies. It argues that resistance to extractivism cannot be understood solely through conventional social movement theories but requires attention to relational and historically embedded processes of meaning-making, territorial defence, and legal transformation. Drawing on recent Latin American scholarship, the chapter critiques static models of political opportunity and instead foregrounds the dynamic ways in which actors frame grievances, mobilise rights discourses, and construct counter-hegemonic legal strategies. The chapter emphasises the importance of interpreting mobilisation as a dialogic and contingent process—shaped by past struggles, cultural practices, and shifting institutional contexts. It introduces the idea of “mobilising from the margins”, where communities develop legal repertoires not only to resist extractive harm but to reimagine legal orders. This theoretical groundwork underpins the subsequent analysis of how Chilean communities engage with law and legitimacy in resisting extractive frontiers.
Sebastian Smart
Chapter 3. Political Economy of Chilean Extractivism
Abstract
This chapter examines the political and economic foundations of Chile’s extractive development model, analysing how legal, institutional, and macroeconomic structures have entrenched natural resource exploitation as a central pillar of national growth. It traces the historical evolution of extractivism, focusing on its consolidation under the Pinochet dictatorship and its continuity through successive democratic governments. The chapter unpacks how constitutional entrenchment, foreign direct investment incentives, and trade liberalisation policies have facilitated the dominance of mining, forestry, and fisheries industries, often at the expense of environmental and community rights. It also explores the role of state institutions, private actors, and international financial mechanisms in reinforcing extractive governance, creating a legal and political environment that favours corporate interests over democratic participation. By linking extractivism to broader neoliberal transformations and authoritarian legacies, the chapter provides a structural context for understanding the constraints faced by communities engaging in legal mobilisation. It sets the stage for analysing how resistance movements emerge and operate within this tightly controlled economic and regulatory landscape.
Sebastian Smart
Chapter 4. Socio-Environmental Mobilisation in Chile: Between Contention and Legal Pluralism
Abstract
This chapter explores the contemporary landscape of socio-environmental mobilisation in Chile, focusing on the diverse ways communities engage with formal and informal legal systems to resist extractive projects. It argues that mobilisation unfolds in a context of legal pluralism, where multiple, overlapping normative orders—including state law, Indigenous law, human rights frameworks, and community-based norms—interact and sometimes conflict. Through an analysis of protest tactics, legal claims, and institutional engagement, this chapter examines how Chilean communities navigate this complex legal terrain. Particular attention is given to how communities frame their grievances not only in environmental terms, but also as violations of cultural rights, territorial autonomy, and democratic participation. This chapter shows that contention often transcends street protests and enters legal arenas, but also that law itself is a contested space shaped by power asymmetries, institutional limitations, and historical legacies. By analysing these dynamics, this chapter highlights the strategic and ambivalent nature of legal mobilisation, demonstrating that while legal avenues can empower communities, they can also reinforce existing inequalities and co-opt resistance.
Sebastian Smart
Chapter 5. Legal Mobilisation Against Extractive Power: The Case of Caimanes vs. Minera Los Pelambres
Abstract
This chapter explores the legal mobilisation process in the Caimanes conflict, a paradigmatic case of socio-environmental resistance against extractivism in Chile. Located in the Coquimbo Region, the small rural community of Caimanes has faced severe impacts from the El Mauro tailings dam—one of the largest in Latin America—owned by Minera Los Pelambres, a subsidiary of the Luksic Group. Through an in-depth analysis of the litigation process from 2008 to 2016, this chapter examines how residents used judicial strategies to demand environmental justice, including access to clean water, recognition of their territorial rights, and the enforcement of environmental mitigation measures. The chapter interrogates the limits and potential of legal mobilisation by analysing key rulings by the Chilean Supreme Court, the persistent non-compliance by the company, and the community’s reliance on legal opportunity structures to frame and sustain their struggle. Drawing on interviews, court records, and NGO reports, the chapter situates the Caimanes case within broader debates on the effectiveness of rights-based strategies, the asymmetries between rural communities and corporate actors, and the role of the judiciary in contexts of extractive conflict. Ultimately, it argues that while legal victories can symbolically and strategically empower local resistance, they often fall short of delivering substantive justice, particularly when state enforcement is weak and corporate power is entrenched.
Sebastian Smart
Chapter 6. Legal Mobilisation Against Hydropower Development: The No Alto Maipo Movement
Abstract
This chapter examines the No Alto Maipo movement, a prominent case of socio-legal resistance against the construction of a hydroelectric project in central Chile. Situated in the Andean foothills near Santiago, the conflict mobilised a diverse coalition of actors concerned with environmental degradation, water scarcity, and the defence of ecotourism and local livelihoods. Unlike more remote socio-environmental struggles, Alto Maipo’s proximity to the capital and its ability to draw support from urban elites and environmental experts positioned it strategically within Chile’s legal and political opportunity structures. The chapter analyses how the movement framed its opposition through discourses of environmental justice and water rights, strategically combining legal action, public advocacy, and transnational networks. It assesses the use of litigation, expert testimony, and institutional engagement to delay and contest the project, while also interrogating the limitations of law as a tool for structural change. Ultimately, the chapter argues that the Alto Maipo case reveals both the strengths and constraints of legal mobilisation in contexts where corporate, financial, and political interests converge around environmentally harmful infrastructure.
Sebastian Smart
Chapter 7. Islands of Resistance: Legal and Political Mobilisation in Chiloé
Abstract
This chapter analyses socio-environmental mobilisation in Chiloé in response to proposed extractive projects in mining and energy. It explores how Indigenous and non-Indigenous communities jointly mobilised to defend their territory, drawing on intersecting discourses of ecological protection, cultural identity, and territorial sovereignty. The chapter focuses on the unique repertoire of cross-mobilisation, in which Indigenous rights frameworks—particularly consultation obligations—were used strategically, albeit critically, to challenge extractive expansion. Through a detailed case analysis, the chapter reveals how formal legal rights often fall short when confronted with state and corporate power, prompting communities to develop hybrid strategies that combine legal actions with protest, media engagement, and political negotiation. It also reflects on the tensions between grassroots organising and institutional engagement, highlighting the complexities of advancing environmental justice in contexts marked by historical marginalisation and legal ambiguity. The Chiloé case offers valuable insights into the relational dynamics of legal mobilisation, where rights are not simply invoked but reinterpreted and reappropriated in collective struggles over territory and development.
Sebastian Smart
Chapter 8. Legal Mobilisation in Transition: From Extractive Struggles to Emerging Frontiers
Abstract
This concluding chapter reflects on the contributions of the book and situates the findings within broader debates on legal mobilisation, extractivism, and environmental justice. It synthesises the theoretical and empirical insights drawn from the three case studies—Caimanes, Chiloé, and Alto Maipo—to highlight how legal mobilisation is shaped by political opportunities, territorial histories, and access to legal resources. The chapter argues that while legal victories remain partial and fragile, mobilisation processes generate enduring political and cultural transformations that go beyond judicial outcomes. It then turns to prospective trends, focusing on the expansion of environmental conflicts linked to the digital economy, particularly the growing presence of data centres in Chile. By analysing the judicialisation of Google’s Cerrillos data centre project, the chapter reveals parallels with traditional extractivist patterns, including centralised decision-making, lack of meaningful participation, and territorial impacts. The chapter concludes by advocating for an expanded socio-legal agenda that not only addresses historical injustices but anticipates emerging technological and ecological threats, urging scholars and movements alike to reimagine legal mobilisation in the face of new environmental frontiers.
Sebastian Smart
Backmatter
Titel
Socio-Environmental Movements Against Extractivism
Verfasst von
Sebastian Smart
Copyright-Jahr
2025
Electronic ISBN
978-3-032-06223-9
Print ISBN
978-3-032-06222-2
DOI
https://doi.org/10.1007/978-3-032-06223-9

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