Struggles over the borders of international protection: A socio-legal analysis of climate-induced migration in Italy

The paper explores the multifaceted nature of borders, drawing on Sandro Mezzadra and Brett Neilson’s (2013) concept of a border as both a demarcation line between States and an instrument for governing global space. Borders, including legal ones, are simultaneously sites of control and resistance, as articulated by Bell Hooks (1991). The paper delves into border struggles within the international protection system, especially concerning environmentally driven migration. Climate change disrupts established migration control policies and protection frameworks, challenging legal spaces to reconcile human rights protection with migration control. By analysing documents related to residence permits issued for environmentally induced migration, this study aims to uncover the nuances of these border struggles through semantic analysis. In addition, this research situates itself within Sousa Santos’ theoretical framework, “human rights theories” (2015). It examines how Italian jurisprudence responds to climate-induced migration, particularly focussing on the interpretation of humanitarian protection for those displaced by environmental factors. Despite judicial recognition of climate migration, legislative changes in 2018 eliminated humanitarian permits, limiting avenues for protection. The study advocates for reimagining legal frameworks to address emerging challenges, highlighting the pivotal role of human rights in shaping migration governance and advocating for a comprehensive approach that prioritises social justice.