Cycle 37 (2021/2022)

37th Cycle: Sati Elifcan Ozbek, Carlos Arturo Gutierrez Rodriguez, Carlotta Rossato, Katarina Velkov, Franca Viganò

Sati Elifcan Ozbek

Galanthus Nivalis: Towards an Integrated Sustainable Territorial Development in the Dolomites, Italy 

Supervisor: Alberto Lanzavecchia 
ORCID number: https://orcid.org/0009-0007-7985-3610 
 

Summary
This doctoral research project aims at elaborating on the impacts of anthropogenic activities and climate change on the tourism sector in mountainous regions, especially in the Italian Dolomites, in order to foster the sustainable territorial development agendas in these tough geographies. Given the vast range of the Dolomites, two areas are selected to be the subjects of this research: Marmolada-Viel del Pan (BL) on the impacts of mountaineering tourism in highlands and Val di Zoldo (BL) on climate change adaptation for the tourism sector. 
The nature of this project is multi-faceted; and the doctoral thesis is a multi-script end product in the form of a collection of published/in press articles in international scientific peer-reviewed journals. 
This moreover allows that, as an outcome of the study abroad period in Uganda, an article on the region of Karamoja and mountain tourism development can be included within this doctoral project. 
The key findings of each study are to be disseminated to the relevant stakeholders for the practical implications for policy-making and implementation at the local levels.

Keywords: mountain areas, climate change, adaptation, economy, community. 

Carlos Arturo Gutierrez Rodriguez

Supervisor: Sara Pennicino
Iris Page: https://www.research.unipd.it/cris/rp/rp269682 
ORCID number: https://orcid.org/0000-0001-6763-7856
 

Summary
In November 2016, Colombia signed a Final Peace Agreement (FPA) that redefined the international standards for alternative penalties. The FPA became a global reference of agreed settlements to armed conflicts and one of the most victim-centered peace agreements ever negotiated. It foresees Restorative Sanctions, which combine restorative and retributive approaches to justice and result from a dialogical process involving victims and perpetrators.
Memory is at the core of the first Restorative Sanctions proposals. This is ground-breaking because, in previous transitional processes, memory was framed as a complement, an alternative, or a means to achieve justice but never as a form of punishment resulting from the judicial procedure.
Throughout its five chapters, this interdisciplinary research —which combines legal, social, and political approaches— contributes to understanding how the Restorative Sanctions comply with the international commitments regarding individual criminal responsibility (Chapter 1); which is the domestic framework of the FPA and the Restorative Sanctions (Chapter 2); how should victims participate in designing the sanctions (Chapter 3); how they participated in practice (Chapter 4); why memory won such prominence, and what kind of memory should emerge from the judicial procedures to serve peace and justice (Chapter 5).
Based on qualitative techniques (observing, reading, and questioning) and a grounded theory methodology, this thesis addresses the following question: What lessons can be extracted from this case about the relationship between memory and justice?
By contrasting the theoretical frameworks with their practical unfolding, the thesis contributes to the debate regarding victims’ rights and the role of memory in transitional justice. It concludes by listing lessons learned and recommendations for future transitional processes.

Key words: Transitional Justice; Memory; Victims’ Rights; International Criminal Law; Restorative Sanctions; Peacebuilding, Memorial Justice, Colombia, Armed Conflict.

Carlotta Rossato 

Exploring the Contemporary Practice of Universal Criminal Jurisdiction: Institutional Frameworks and Survivors’ Access to justice

Supervisor: Paolo De Stefani
Iris page: https://www.research.unipd.it/cris/rp/rp266458
ORCID number: https://orcid.org/0009-0007-9518-2925 
 

Summary
The research conducts a phenomenological inquiry into the implementation system of universal jurisdiction. This principle has evolved as a tool to fight against impunity within the international criminal justice arena. Although its domestic nature makes it independent of the political and legal constraints of the international mechanisms, first among all the International Criminal Court, power dynamics still influence its exercise. As a result, legitimacy and selectivity issues raised by critical theories are not ruled out.
Moving from a critical understanding of international criminal law, the study aims to assess the exercise of universal jurisdiction as a tool to pursue accountability, taking into account the perspectives of those affected by the prosecuted crimes. The research aims to answer the following research question: In the last two decades, after the establishment of the International Criminal Court, how has the practical application of universal jurisdiction evolved in terms of operational frameworks and impact on survivors’ access to justice?
The first chapter of the thesis is dedicated to framing the legal concept of universal jurisdiction and to identifying its present-day structure. Adopting an institutional perspective, the second chapter looks into the implementation of the principle. Accordingly, it examines the actors involved in the employment of such a tool nowadays, highlighting a cooperation network following horizontal and vertical streams, and identifies challenges and achievements of its operationalisation. The third and final chapter embraces a bottom-up perspective looking at the universal jurisdiction system. Firstly, it questions the limits posed by a retributive justice process in terms of survivors’ and affected communities’ participation. Through the analyses of two case studies, namely universal jurisdiction trials addressing international crimes committed in the Gambia and Syria, it draws conclusions on the impact of the principle on survivors’ access to justice.
Taking advantage of the benefits of an interdisciplinary approach to deal with the complexity of a socio-legal phenomenon, the traditional theoretical legal analysis is combined with a more qualitative empirical method. In this regard, interviews were conducted with practitioners and activists directly involved in this kind of proceedings. In addition, participant observation was carried out at TRIAL International, an NGO active in the litigation of universal jurisdiction cases and support to survivors, contributing to a more comprehensive understanding of the topic.

Keywords: universal jurisdiction, international criminal law, international justice.

 Katarina Velkov

Past actions, present obligations, future justice: reimagining responsibility in climate migration governance

Supervisor: Odysseas Christou
ORCID number: https://orcid.org/978-86-80578-04-0
 

Summary
This thesis proposes a novel conceptual framework for understanding and addressing the growing issue of climate-induced migration. Recognizing the urgent need for accountability and protection mechanisms, the research examines the evolving roles of states and non-state actors in this context. By employing a tripartite division of past, present, and future, the thesis offers a nuanced perspective on responsibility and roadmap for action.
Examining the “past” unveils the historical responsibility of states and how their actions have laid the groundwork for current obligations. The “present” highlights the dynamic nature of these roles, while also introducing multinational corporations as actors with increasing influence on climate change discourse. Looking towards the “future”, the thesis advocates for a deconstruction of the current system to develop a holistic ecosystem of players. This ecosystem should be grounded in shared responsibility, primarily among states and non-state actors, but also encompass additional elements. To test the theories of accountability, the research analysis case studies of climate litigation before national and international courts. Such analysis of legal precedents provides concrete examples of how theories of responsibility translate into actionable claims and potential avenues for redress.
Ultimately, this tripartite, interdisciplinary approach, relying on principles of human rights and climate justice, informs effective policy development and fosters forward-looking perspectives on building protection mechanisms for climate migrants and refugees.

Keywords: climate migration, human rights, climate justice, states, multinational corporations, climate litigation, international law.

Franca Viganò

The Italian Approach to Health and Homelessness. Perspectives on Policies and Services during the Covid-19 pandemic

Supervisor: Michela Lenzi
Iris page: https://www.research.unipd.it/cris/rp/rp266388 
ORCID number: https://orcid.org/0009-0006-4902-3766
 

Summary
This research aims to investigate the reaction of Italian services for people experiencing homelessness to the spread of the pandemic and how this phenomenon affects healthcare and social policies. The study is divided in two main conceptual frameworks: one related to the macro level analysis of institutional contexts and policies, while the other focuses on the micro level analysis that observes which resources were activated and how policies are implemented within services during the years of the pandemic.
The objective of the macro level analysis is to understand how homelessness is represented in social and health measures in Italy during the period preceding the Covid-19 pandemic (2019-2020) and the period immediately after the initial outbreak (2020-2021). The analysis has been carried out with the help of the “What’s the Problem Represented to be?” approach by Carol Bacchi. The two Regions featured in this analysis are Lombardy and Emilia-Romagna, with a specific focus on their two capitals: Milano and Bologna. Given the decentralisation of the Italian healthcare system, these Regions were chosen not only because of their high-performance levels, but also because of their differences and for their role as some of the primary recipients of the Covid-19 pandemic. The documents analysed are: Local Area Plans (Piano di Zona) for each city, Regional Guidelines, the normative framework surrounding these measures and, where applicable, National strategies used to approach marginalisation and healthcare. The micro level of analysis will be focused on semi structured interviews with public and private services that provide for basic needs, healthcare and housing solutions between Milan and Bologna. The interviews are directed towards services’ workers and institutions’ representatives (including municipalities) involved in the implementation of measures and planning processes. 

Key words: homelessness, health, policies, Italy, regions.