@techreport{Dehnen2023, type = {Working Paper}, author = {Dehnen, Elias}, title = {Juridifying Bolsonaro's mass deforestation policies in Brazil through the International Criminal Court}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {14}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, doi = {10.25932/publishup-58174}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-581742}, pages = {15}, year = {2023}, abstract = {Under Brazil's ex-president Bolsonaro, deforestation of the Amazon increased dramatically. An Austrian NGO filed a complaint to the Prosecutor of the International Criminal Court (ICC) against Bolsonaro in October 2021, accusing him of crimes against humanity against the backdrop of his involvement in environmental destruction. This paper deals with the question of whether this initi-ative constitutes a promising means of juridification to mitigate conflicts revolving around mass deforestation in Brazil. It thematizes attempts to juridify environmental destruction in international criminal law and examines the Climate Fund Case at the Brazilian Supreme Court. Finally, emerging problems and arguments in favour of starting preliminary examinations at the ICC against Bolsonaro are illuminated. This paper provides arguments as to why the initiative might be a promising undertaking, even though it is unlikely that Bolsonaro will be arrested.}, language = {en} } @techreport{BaganzdeTeresaLinggetal.2023, type = {Working Paper}, author = {Baganz, Melissa and de Teresa, Aurelia G{\´o}mez and Lingg, Rosana T. and Montijo, Yuriditzi Pascacio}, title = {A critical assessment on National Action Plans}, series = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, journal = {Staat, Recht und Politik - Forschungs- und Diskussionspapiere}, number = {13}, publisher = {Universit{\"a}tsverlag Potsdam}, address = {Potsdam}, issn = {2509-6974}, doi = {10.25932/publishup-57679}, url = {http://nbn-resolving.de/urn:nbn:de:kobv:517-opus4-576797}, pages = {11}, year = {2023}, abstract = {National Action Plans (NAPs) have been increas-ingly adopted world-wide after the Vienna Dec-laration in 1993, where it was urged to consider the improvement and promotion of Human Rights. In this paper, we discuss their usefulness and success by analysing the challenges present-ed during NAP processes as well as the benefits this set of actions entails: The challenges for their implementation outweigh its actual benefits. Nevertheless, NAPs have great potential. Based on new research, we elaborate a set of recom-mendations for improving the design and imple-mentation of national action planning. In order to effectively bring NAP into practice, we consider it crucial to plan and analyse every state local circumstances in detail. The latter is important, since the implementation of a concrete set of actions is intended to directly transform and improve the local living conditions of the people. In a long-term perspective, we defend the benefit of NAP's implementation for complying obliga-tions set up by HR treaties.}, language = {en} }