11 THE ITALIAN LAW JOURNAL NO. 2 (2025)

 

Home, Territory, and Identity: The Legal Framework and Lessons Learned from the 2016-17 Seismic Events in the Marche Region

by Ivan Allegranti

This paper examines the recognition of the ‘right to remain in your own homeland’ within international law. This right is grounded in Art 13 of the Universal Declaration of Human Rights and is linked to the principle of self-determination under Art 1 of the UN Charter. This right reflects the deep, multidimensional ties between individuals, communities, and territory, comparable to the ‘plural property’ concept in the European and Italian law. The case study of the Marche region, after the 2016 earthquake, illustrates the practical challenges of balancing the relocation of businesses in an emergency with the preservation of territorial identity and economic continuity. Although temporary displacement was necessary, inadequate planning, stakeholder engagement, and recognition of community bonds undermined recovery. The experience reveals the limits of purely procedural relocation strategies, highlighting the need for holistic, human-centred reconstruction policies. Protecting the right to remain or return ensures that post-disaster measures safeguard not only safety and efficiency but also the cultural, social, and economic fabric of affected communities.

DOI 10.23815/2421-2156.ITALJ           ISSN 2421-2156

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