The United Nations Sustainable Development Goals (SDGs) provide a ‘policy roadmap’1 to
holistically integrate social, economic and environmental developmental objectives under the
auspices of achieving a sustainable world.2 Sustainable development has no universal
consensus regarding the tangible definition within international law, as a
An integrated approach to the implementation of these goals is required to materialise shared
prosperity across countries and communities.3 This necessitates highlighting synergies
amongst the individual goals, and enunciating trade-offs in order to overcome the difficulties
that have been faced, to accelerate progress towards equitable ecological development to
preserve the Earth for current and future generations.4 SDGs, internationally and regionally,
are implemented systematically through international environmental instruments.5 Therefore,
this essay will begin by assessing the United Nations Framework Convention on Climate
Change (UNFCCC), this directly integrates SDGs through Nationally Determined
Contributions (NDC),6 and through preventative deforestation measures under REDD+
agreements.7 Secondly, the United National Convention on the Law of the Sea (UNCLOS)
provides a potential framework to impact marine ecosystems and biodiversity.8 Furthermore,
a hypothesised new instrument could provide a systemic framework to combat plastic
pollutions as current instruments fall short of concrete governance to combat this ubiquitous,
transboundary threat.9 Given the global failings to achieve goals of 2020, the successive time
frame is critical to set the world on course for a better future.10
Louis J. Kotzé and Duncan French, ‘The Anthropocentric ontology of international environmental law and
sustainable development goals: towards an ecocentric rule of law in the Anthropocene’ (2018) 7 Global Journal
of Comparative Law 5, 7.
2
United Nations, ‘Transforming Our World: the 2030 Agenda for Sustainable Development’ UN Doc
A/RES/70/1 (25 September 2015) Preamble para 3.
3
Ibid 39 [85].
4
Riccardo Pavoni and Dario Piselli, ‘The Sustainable development goals and international environmental law:
normative value and changes for implementation’ (2016) 13 (26) Veredas do Direito 13, 16 ; Luis GomezEcheverri, ‘Climate and development: enhancing impact through stronger linkages in the implementation of the
Paris Agreement and the Sustainable Development Goals (SDGs)’ (2018) Philosophical Transactions A 376,
379.
5
Pavoni and Piselli (n 4) 43.
6
Paris Agreement under the United Nations Framework Convention on Climate Change, opened for signature
22 April 2016 (entered into force 4 November 2016) art 4.2.
7
Ibid art 5.2.
8
Marcus Haward, ‘Plastic pollution of the world’s seas and oceans as a contemporary challenge in ocean
governance’ (2018) 9 Natur Communications 667, 668.
9
Giulia Carlini and Konstantin Kleine, ‘Advancing the international regulation of plastic pollution beyond the
UN Environment Assembly resolution on marine litter and microplastics’ (2018) 27 (3) Review of European,
Comparative & International Environmental Law 234, 239.
1
10
The Sustainable Development Goals
In 2015 the United Nations deliberated over the implementation of sustainable development
policies to address the unfinished business of the Millennium Development Goals.11 The
2030 Agenda for Sustainable Development, sets outs the Sustainable Development Goals
(SDGs) which herald a universal call to action to end poverty, protect the environment and
improve the lives and prospects of everyone, everywhere.12Establishing an unprecedented
effort to positively identify the reciprocal interactions between the various components of
sustainability:13 the 17 development goals with the correlating 169 indicators lay the path to
achieve this sustainability. At the softest end of the international law continuum, these goals
confer no obligations, rather specify vague and aspirational outcomes to improving the social,
economic and environmental functions of the global, and national, development.14 Differing
from the rigid and complex institutions of governance for climate stability and biodiversity
conservation,15 the goal-setting approach to governance is beneficial in allowing states the
flexibility in implementation.16 Under the SDGs, the schism between the developed and the
developing States is removed: all countries are considered ‘developing’ necessitating plans to
transform societies towards a more sustainable route.17 The aim is to provide States with
specific, manageable and action-orientated indicators towards the SDG targets providing a
management tool to develop implementation strategies and allocate resources accordingly.18
Over time as expertise, scientific certainty and technological advances grow, these
developmental goals will become more specific and effective in creating coherence amongst
the array of the many multilateral environmental treaties.19
Concerningly in examination of the progress within the five years following the
implementation of these principles, environmental issues related to climate action (SDG 13),
11
https://sustainabledevelopment.un.org/content/documents/21252030%20Agenda%20for%20
Sustainable%20Development%20web.pdf
12
Art 1
SDGs and IEL
14
Follow-up and review
15
Global governance through goal setting
16
Corporate actors
17
Global gov thru goal setting
18
Ensure co-benefits
19
Global pact
13
life on land (SDG 15), life below water (SDG 14) and responsible consumption and
production (SDG 12) are the last developmental priority of world leaders.20 Directly relating
to environmental deterioration, these goals are critically important given that the environment
is the boundary of social and economic development as opposed to a co-equal pillar of
sustainable development.21 As such, further efforts are required into developing practical
frameworks to identify the interlinkages between and amongst these goals.22 These synergies
are essential to effective implementation, by enunciating how environmental developmental
goals will influence social and economic development reframes the approach to sustainable
development to reflect the new world reality when faced with the biggest threat to global
existence, climate change.23 The 2030 Agenda makes it evident that the normative framework
to achieve the SDGs is to be set out under international instruments, for the purposes of this
discussion those in the environmental sector.24
Paris Agreement
Climate change, one of the biggest, if not the biggest, threat of the twenty first century,25
could negate all developmental efforts to eradicate poverty (SDG 1) and to improve equality
(SDG 5) if the ambitious goals under the Paris Agreement of the UNFCCC are not met.26
The Paris Agreement was ratified in 2015 at the 25th Conference of the Parties, and is on
track to enter into force in 2021.27 States are required under the agreement to make NDCs to
reduce greenhouse gases emitted in order to reach the target of maintaining the global
temperature to below 1.5°C by 2100.28 These targets are critical for the achievement of the
SDGs. Sustainable development is incongruent with inertia against climate change, not
merely because it fails to meet SDG 13 ‘climate change mitigation’, but because the resultant
environmental deterioration directly impacts upon almost every SDG.29 A study into the
synergies and trade-offs notes that there are four-times fewer trade-offs between climate
action and the implementation of the SDGs.30 The trade-offs identified include the
20
New realities require new priorities
New realities
22
Climate action and SDGs
23
Bridging funding gaps; reinvigorating SD
24
UN SG at Paris Agreement Resolution 70/1
25
Verner et al 2016
26
New realities require new priorities
27
Check these statements
21
28
29
30
Ensuring co-benefits; climate and development; climate action with SDG
Climate action with SDG
macroeconomic cost of climate mitigation which could slow development, and the
impairment upon carbon-intensive industries and communities;31 given that the ultimate goal
is to achieve zero net carbon emissions by 2050 these concessions hardly justify inactivity.32
The NDCs of Member States outlining national climate policy could explicitly include
assessments of the synergies and trade-offs of the policy with the SDGs being nationally
implemented.33 Under the Paris Agreement, the States will have the opportunity to review
and update their NDCs prior to the 26th Conference of the Parties at the end of 2020.34
During this time, States will be able to enumerate synergies between the policy actions within
the reports. This will assist in the monitoring of the SDG action nationally, and will enable
non-State actors to hold States accountable to commitments under NDCs and SDGs.35 A
framework of guidelines may be developed by the IPPC to connect climate action to the
SDGs in order to assess the sustainability of such interventions.36
Reinvigorated under the Paris Agreement, ‘reducing emissions from deforestation and forest
degradation and the role of conservation, sustainable management of forests and
enhancement of forest carbon stocks in developing countries’ (REDD+) enables policy
development around mitigation outcomes towards NDCs.37 These policy agreements aim to
achieve reduction in GHG emissions by the forest sector within countries with large
emissions resulting from deforestation.38 Deforestation is the second largest anthropogenic
source of carbon dioxide and agricultural expansion remains the largest driver of
deforestation in tropical climates (where forests, and the contained biodiversity is the
greatest).39 Consequently, forest protections are a key climate change mitigation tool, directly
enabling countries to advance SDG 13, and SDG 15 in the sustainable management of
forests.40 REDD+ is a Payments for Ecosystems Services system conferring economic
rewards to resource managers who secure the provision of ecosystem services, plainly those
31
32
676
Sustainable development goal report 2019 48.
33
34
35
Examining alignment
Climate action and SDG
37
Conserving carbon
38
SDGs and REDD
39
A policy nexus approach to forests and SDGs
40
Forest for SD; SDG and REDD
36
who prohibit deforestation and degradation.41 These rewards, in the form of carbon offset
credits, are sold to buyers (generally the Global North). By incentivising developing states to
protect forests from destruction with international financing for conservation efforts, REDD+
promotes the sustainable management of forests.42 The just implementation of these projects
is upheld through the Cancun Safeguards, requiring ‘free, prior and informed consent’ of the
indigenous peoples who habit the forest area.43 Given the broad beneficial impact on
environmental sustainable development, REDD+ provides an accessible, accredited means of
implementing SDG target and conversely, SDGs provide politically powerful rationale to
expand REDD+ beyond carbon reduction objectives.44
Ocean Governance
The ocean contains ? of the biological diversity of the planet, and it acts as a sink for
approximately 50% of the carbon released globally.45 Due to marine pollution, and
unsustainable overfishing, acidification of the ocean has increased by 26% is placing
immense pressure upon marine ecosystems. The causative burdens on marine resources,
which many communities are dependent, impacts upon to economic development: namely
decent work (SDG 8), innovative industries (SDG 9), sustainable cities (SDG 11) and
agriculture (SDG 15).46 Currently, sustainable use of marine resources is difficult to govern
as the institutional system of management of human activities is fragmented.47 A revamping
of the governance framework under UNCLOS proposed to consider the ‘conservation and
sustainable use of marine biodiversity of areas beyond national jurisdictions’ (BBNJ).48 The
negotiations under the Intergovernmental Conference on BBNJ are still in progress: the final
sitting is to be held in the first half of 2020,49 and provide an opportunity to advance
innovative models of ocean governance to place parameters on the high seas so it is no longer
an area ‘free for all to use and abuse’.50
41
Assessing the progress of REDD
42
43
44
SDG and REDD
45
46
47
Mapping linkages between oceans
Achieving SDGs for oceans; once and future
48
Resolution adopted by the General Assembly on 24 December 2017 A/RES/72/249
https://undocs.org/en/a/res/72/249
49
50
Ocean plastics.
Firstly, the imposition of a registry of commitments on action for ocean sustainability would
offer a reference for the efforts of States and intergovernmental agreements.51 State reporting
is essential in conferring accountability and transparency: the voluntary reporting required of
States under SDG predecessor, Agenda 21, establish the need for clear incentives for
reporting.52 The reports could be made to the UN Division for Ocean Affairs and Law of the
Sea, which would set up a repository of innovative solutions and lessons learned from
competent global and regional organisations.53 The accessibility of data and information
sharing would enable States to systematically assess action to implement SDG 14, which
indirectly fosters SDG 16 through equal access to knowledge and transparency in
governance.54 Commitments to sustainability may coincide with the conducting of
Environmental Impact Assessments (EIA) by States undertaking the activity within the ocean
region. During negotiations for the improved framework, developing countries proposed the
mandatory review of EIA submitted by States by a scientific community.55 Review would
ensure that activities conducted in the ocean adhere to sustainable practice guidelines,
however, some developed countries expressed reservations of fostering a sense of mistrust in
the conducting of initial assessments.56
Negotiations centred primarily on the fair and equitable benefit sharing of resources sourced
from the oceans.57 This emerging principle of international law, thus far confined to the
Convention on Biological Diversity, rooted in the principle of equity, manifests a consensus
among the developed and developing countries on a balance between rights and duties under
the law.58 This benefit sharing could link international use of resources and local benefits
from traditional knowledge holders as an ecosystem approach.59 The result could impact
upon raising the standard of living of all members of society through economic progress for
instances linking to SDGs through the right to food (SDG 2) and health (SDG 3), and the
right to science would enable people to take equal part in political or cultural life
unreservedly linking to education (SDG 4), decent work (SDG 8) and equality (SDG 10).60
51
Achieving SDGs
Follow-up and review
53
Achieving SDGs
54
Using SDG towards a better understanding
55
Once and future
52
56
57
58
Fair and equitable benefit sharing under; connecting SDG 14
Connecting sdg 14; once and future
60
Fair and equitable
59
Implementation of this benefit sharing may be operationalised through marine ecosystem
services, (define), by the use of marine spatial planning to create the rights over marine
spaces and resources.61 There appeared to be agreement to an extent between States on the
need for a meaningful benefit sharing system to prevent private sector bio-prospecting.62 A
point of contention remained in the failure to rectify the whether the right to access marine
genetic resources would be underpinned by the principle of common heritage of mankind, or
the old ‘freedom of the high seas’.63 Whilst this equitable approach is provided under the
CBD, inclusion in this new treaty would expand upon the implementation of the SDGs within
international environmental instruments and codify it in the area of ocean governance.
Notably, the first negotiations were silent on the issues of marine plastic pollution and ocean
acidification. This detrimental, transboundary issue has the potential to ‘act as a binding
catalyst for a final agreement’ in these negotiations.64 The current UNCLOS regime requires
States to prevent and reduce pollution of marine environment from any source,65 though laws
and regulations to control pollution from land-based sources.66 This could act as a basis for
the implementation of immediate collective action against the ever growing marine pollution,
which the negatively impacts economic, social and environmental development.67 Academics
have argued that the framing of the convention however is too common: it omits measures of
production, transport, trade and end-off life treatment of plastics, and would focus narrowly
on marine pollution.68 As the sole international instrument imposing binding obligations on
States regarding plastic pollution,69 and as negotiations are current, the governance over
plastic pollution may be best dealt with under the revamping of UNCLOS.
A new plastics treaty ?
In light of the severity of plastic pollution and the destructive environmental impacts on
every ecosystem, it is important to investigate alternative frameworks under which
mandatory obligations to mitigate this potential planetary boundary threat may be
61
Connecting SDG 14 with the other SDGs through marine spatial planning
Once and future
63
Once and future
64
Ocean plastisc
65
Art 194 plastics at sea
66
Art 207 (1)
67
Plastics at sea
68
Advancing international regulation of plastic pollution, 236
69
Towards an improved international framework
62
implemented.70 Plastic pollution is now considered a geological marker of the
Anthropocene.71 To achieve the SDGs, notably SDG 14, by the 2030 objective a multilateral
agreement must be reached to define the precautionary boundaries for the anthropocentric
perturbations to demarcate a ‘safe operating space’ for humanity.72
As above, it is necessary to have regard to the function of existing international instruments.
The Stockholm Convention on … functions to … through the elimination of (POP). With a
focus on the manufacture, hazardous potential of plastic products is reduced as restrictions
are placed upon the use of certain POPs during this phase.73 This is assisted by regulating the
importation and exportation of these POPs for use in plastics,74 and that of waste containing
these contaminants.75 The ambit, however, fails to go beyond plastic products containing the
listed POPs. The Basel Convention on … was implemented to require the environmentally
sound management of hazardous and other wastes. Generally, States are required to reduce
generation of plastic waste to a minimum,76 and to refrain from transnational trade in
hazardous waste or waste dealt with in non-environmental manner.77 (how does this
specifically relate to plastic?). Limitations to the Basel Convention lie in the lack of
compliance requirements and indicators, timelines or reduction reporting, precluding
assessment of waste reduction progress.78 Thus in co-operation with the Stockholm
Convention, the Basel Convention may address the life-cycle of plastics,79 the application is
insufficiently comprehensive to provide the ecumenical, reduction framework necessary.
The new proposition is an entirely new ‘global plastics treaty’ containing feasible measure
that are verifiable and adequate to address the ubiquitous issue of plastic pollution.80 The
scope of prevention on plastic pollution must address the production and consumption of
plastics, achieving SDG 12, to regulate a global use reduction as an upstream approach will
70
Toward
MPP
72
Advancing; MPP
73
B and S
74
Stockholm art 3.2
75
Art 6.d
76
Basel art 4.2
77
Art 4.1 -4.2
78
B and S
79
B and S
80
Plastics at sea; advancing; UNEA-1
71
be more cost-effective than mitigation downstream.81 Greater consistency and transparency
between the regional and global sectors could be achieved through reporting, similarly, on the
use of chemicals across the life span of plastics.82 Support for industry involvement is
common,83 an increase in a multi-layered governance approach for co-operation between
governments and corporations would benefit both sectors by conferring self-regulation of
environmental and social criteria.84 A secondary objective of ameliorating domestic plastic
waste treatment under this treaty could coincide with the Basel Convention waste
management to reduce overall generation.85 Plastic pollution threatens to cause
insurmountable environmental degradation should no action be taken, as the global
ecosystem effects (especially of microplastics) is not well understood, a precautionary
approach is necessary. Therefore, the new treaty could mirror, or at least take inspiration
from the Montreal Protocol on Ozone Depleting Substances which effectively implemented a
global reduction in chlorofluorocarbons in the atmosphere. Little consideration was given to
this ‘new treaty’ during the 2019 United Nations Environment Assembly…?
Conclusion
International environmental instruments are integral in broadening the Agenda for 2030 as
treaty objectives and obligations can be directly, and indirectly, linked to the SDGs and target
indicators. Under the Paris Agreement, the NDCs can specifically refer to the SDGs, and
persistence of REDD+ agreements will ensure that efforts against deforestation are enhanced.
The Intergovernmental Conference on BBNJ, provides an opportunity to introduce
mandatory reporting on marine activities, and benefit sharing schemes. Whilst the
negotiations also touched upon the issue of marine plastic pollution interventions, this
transboundary problem would be better dealt with under a new global plastics treaty which
could provide universally improved environmental impacts. The current global Covid-19
pandemic places us at a crossroads: poverty and food scarcity are theorised to be corollary
effects,86 this must be a ‘wake-up call for international cooperation and solidarity’ to increase
sustainability efforts and these instruments pose pathways for this implementation.
81
Advancing
Towards
83
Advancing (look at UNEP ref 122); towards
84
Towards
85
B and S
82
86
BIBLIOGRAPHY
A. Articles
Carlini, Giulia, and Kleine, Konstantin, ‘Advancing the international regulation of plastic pollution beyond the
UN Environment Assembly resolution on marine litter and microplastics’ (2018) 27 (3) Review of European,
Comparative & International Environmental Law 234
Gomez-Echeverri, Luis, ‘Climate and development: enhancing impact through stronger linkages in the
implementation of the Paris Agreement and the Sustainable Development Goals (SDGs)’ (2018) Philosophical
Transactions A 376
Haward, Marcus, ‘Plastic pollution of the world’s seas and oceans as a contemporary
challenge in ocean governance’ (2018) 9 Natur Communications 667
Kotzé, Louis J. and French, Duncan, ‘The Anthropocentric ontology of international environmental law and
sustainable development goals: towards an ecocentric rule of law in the Anthropocene’ (2018) 7 Global Journal
of Comparative Law 5
Pavoni, Riccardo, and Piselli, Dario, ‘The Sustainable development goals and international environmental law:
normative value and changes for implementation’ (2016) 13 (26) Veredas do Direito 13
Paris Agreement under the United Nations Framework Convention on Climate Change, opened for signature 22
April 2016 (entered into force 4 November 2016)
United Nations Conference on Environment and Development, ‘Agenda 21’ (23 April 1992)
United Nations, ‘Transforming Our World: the 2030 Agenda for Sustainable Development’ UN Doc
A/RES/70/1 (25 September 2015)