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The Sustainable Development Goals
The Sustainable Development Goals
The Sustainable Development Goals
3.1 INTRODUCTION
Member States of the United Nations (UN) have been setting global
goals since at least the UN Development Decade in the 1960s. While the
specifics vary, commentators generally agree that global goals are
non-binding, quantitative, time-bound objectives, mostly related to
human development issues (broadly conceived), which governments
collectively agree upon and aim to systematically implement and monitor
progress towards achievement.1 Several sets of global goals have been
created over the past decades around the following issues: ending
colonialism; accelerating economic development and growth in develop-
ing and least developed countries; expanding education; eradicating
smallpox; expanding immunisation to reduce child mortality and the
incidence of several diseases; improving the situation of children and
women; and adopting various human rights instruments globally.2
Continuing along this path, countries committed more recently in 2000
to achieve the Millennium Development Goals (MDGs) by 2015. Con-
sisting of eight goals predominantly geared towards the interests of the
developing world, the MDGs specifically aimed at galvanising efforts to
meet the needs of the world’s poorest. This much is evident from the type
of objectives they pursued, including: eradicate extreme poverty and
hunger; achieve universal primary education; promote gender equality
1
R. Jolly, ‘Global Goals: The UN Experience’, Background Paper: Human
Development Report 2003 (United Nations Development Programme, 2003)
1–22 at 2.
2
Ibid, at 3.
41
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3
P.S. Chasek, L.M. Wagner, F. Leone et al, ‘Getting to 2030: Negotiating
the Post-2015 Sustainable Development Agenda’ (2016) Review of European
Community and International Environmental Law 25(1), 5–14 at 7.
4
United Nations, The Millennium Development Goals Report (United
Nations, New York, 2015) at 3 <http://www.un.org/millenniumgoals/2015_
MDG_Report/pdf/MDG%202015%20rev%20(July%201).pdf> accessed 25
January 2018.
5
United Nations General Assembly, ‘Outcome Document of the Special
Event to Follow up Efforts Made Towards Achieving the Millennium Develop-
ment Goals’, A/68/L.4 (1 October 2013); and more generally, United Nations,
The Millennium Development Goals Report, above n 4.
6
United Nations General Assembly, ‘Transforming our world: the 2030
Agenda for Sustainable Development’, A/RES/70/1 (21 October 2015).
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(i) to emphasise the primacy of Anthropos and the extent of the human
impact on the environment, while offering an ecological alternative
to the prevailing destructive anthropocentrism that permeates virtu-
ally all governance institutions, norms and processes, and which
diminishes global Earth system integrity;
(ii) to offer a new and much clearer quantified vision of the limitations
of the planet (expressed as boundaries) to sustain all human and
non-human life in the wake of increasing anthropogenic pressures;
and
(iii) to emphasise the critical need for a normative realignment in the
face of planetary shifts and to offer a new perspective on an
integrated, but fragile, Earth system that should be governed by
norms, institutions and processes that are better aligned with and
able to respond to the integrated Earth system.
7
See Chapter 2.
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8
United Nations General Assembly ‘Transforming our world, above n 6.
A/RES/70/1 (21 October 2015).
9
Ibid, Preamble.
10
Ibid.
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binding legal norms in their own right, although, as Kim says, ‘they are
grounded in international law and made consistent with existing commit-
ments expressed in various [binding] international agreements and other
soft law instruments’.11 Because many of the SDGs are already reflected
in various juridical instruments, international (environmental) law pro-
vides the normative context in which (some of) the SDGs should operate
and interact with each other, as well as the binding normative means to
achieve some of these targets in practice.12 The fact that the SDGs are
political non-legal aspirations does not, however, diminish the signifi-
cance that states themselves attribute to the eventual fulfilment of the
goals. With reference to the creation of the UN in the aftermath of the
Second World War, states declared in Transforming our world: ‘Today we
are also taking a decision of great historic significance. We resolve to
build a better future for all people, including the millions who have been
denied the chance to lead decent, dignified and rewarding lives and to
achieve their full human potential.’13 To this end, the SDGs are obviously
not meant to be a mere declaration of sorts that is useful for window-
dressing and that might perhaps gain the normative power of soft law
over time. There is at least some sense of deeper commitment to
achieving the goals and their respective targets. This much is further
evidenced by the inclusion of several ‘means of implementation’.14
Moreover, if the level of seriousness, broad commitment and state
involvement during the final determination of the MDGs’ achievements
are anything to go by, including the considerable public displays of
victory following the publication of the Millennium Development Goals
Report in 2015,15 one could reasonably expect a similar, if not greater,
resolve of commitment from states to achieving the SDGs and to
showcasing their achievements in this respect. Admittedly, whether this
would simply amount to worthless window-dressing, remains to be seen.
A further significant consideration in trying to understand what the
SDGs are and what they could mean to the world is the concept of
sustainable development, which appears both as the centrepiece of the
SDGs and as the historic and prevailing cornerstone of international
11
R. Kim ‘The Nexus between International Law and the Sustainable
Development Goals’ (2016) Review of European, Comparative and International
Environmental Law 25(1), 15.
12
Ibid, 17.
13
Ibid, para 50.
14
Ibid, paras 39–46.
15
See, for example, <http://www.un.org/millenniumgoals/2015_MDG_
Report/pdf/MDG%202015%20PR%20Global.pdf> accessed 25 January 2018.
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16
United Nations General Assembly, A/RES/37/7 adopted at the 48th
Plenary Meeting on 28 October 1982.
17
See generally, K. Bosselmann, The Principle of Sustainability: Transform-
ing Law and Governance, 2nd edn (Routledge, 2017).
18
See further L. Kotzé and D. French, ‘The Anthropocentric Ontology of
International Environmental Law and the Sustainable Development Goals:
Towards an Ecocentric Rule of Law in the Anthropocene’ (2018) Global Journal
of Comparative Law 7(1), 5–36.
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What followed instead with far greater fanfare and support from states,
was the highly influential Brundtland Report of 1987, which formally
introduced the concept of sustainable development to the world. It
defined sustainable development as ‘development that meets the needs of
the present generation without compromising the ability of future gener-
ations to meet their own needs’.19 Instead of continuing down the strong
ecological sustainability route of the World Charter for Nature, the
Report essentially introduced the much weaker anthropocentric three-
pillared approach to sustainable development into global environmental
and developmental law, politics and governance; an approach that con-
tinues to hold sway, as we shall see below.
The Rio Declaration on Environment and Development of 1992
reaffirmed the Stockholm Declaration’s provisions, embraced the Brundt-
land definition of sustainable development, and further emphasised in
anthropocentric terms that ‘[H]uman beings are at the centre of concerns
for sustainable development’.20 Principle 3 of the Declaration affords
people a ‘right to development’ (notably not a duty to conserve), which
‘must be fulfilled so as to equitably meet developmental and environ-
mental needs of present and future generations’. Such terminology
implies an environment subjugated to human developmental needs
instead of an ecologically intact environment where human and non-
human needs are equally recognised and which functions in harmony
over the long term.
Although states later recognised rhetorically in the Johannesburg
Declaration on Sustainable Development of 2002 that ‘humankind is at a
crossroads’ and that the global community of states must ‘make a
determined effort to respond positively to the need to produce a practical
and visible plan to bring about poverty eradication and human develop-
ment’,21 the substance of sustainable development remained grounded in
the status quo ante.
Similarly, Rio +20’s outcome document, The Future We Want, was
exclusively focused on human development concerns, with the world
recognising that ‘[E]radicating poverty is the greatest global challenge
facing the world today and an indispensable requirement for sustainable
development’;22 a central leitmotif that is also repeated in the SDGs as
indicated below. Critically important as it is for the world to eradicate
19
Chapter 2, para 1 <http://www.un-documents.net/our-common-future.pdf>
accessed 25 January 2018.
20
Principle 1.
21
Para 7.
22
Para 2.
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23
Para 6.
24
This much is further evident from states’ reaffirmation of ‘the outcomes of
all major United Nations conferences and summits which have laid a solid
foundation for sustainable development and have helped to shape the new [SDG]
Agenda.’ Para 11.
25
For a critical account of the differences between the (anthropocentric)
weak and the (ecocentric) strong approach to sustainable development, see
E. Neumayer, Weak versus Strong Sustainability: Exploring the Limits of Two
Opposing Paradigms (Edward Elgar Publishing, 2003).
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that meets the needs of the present while safeguarding Earth’s life-support
system, on which the welfare of current and future generations depends’.26
26
See further D. Griggs, M. Stafford Smith, O. Gaffney et al, ‘Sustainable
Development Goals for People and Planet’ (2013) Nature 495, 306.
27
Own emphasis. Para 2.
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3.3.1 Anthropocene
While the Earth has been impacted and altered before, this is the first
time in its history that humans are considered to act as geological agents
capable of changing Earth and its natural system: humans have the
potential ‘to transform Earth rapidly and irreversibly into a state
unknown in human experience’.28 The Anthropocene was first introduced
in a 2000 publication by Eugene Stoermer and Paul Crutzen as a term of
art expressing the geological significance of this anthropogenic change.29
Emphasising the central role of mankind as a major driving force in
modifying the biosphere, the term Anthropocene suggests that the Earth
is rapidly moving into a critically unstable state, with the Earth system
gradually becoming less predictable, non-stationary and less harmonious
as a result of the global human imprint on the biosphere.30 In the
Anthropocene, humanity has become a geological agent in much the
28
A.D. Barnosky, E.A. Hadly, J. Bascompte et al, ‘Approaching a State Shift
in Earth’s Biosphere’ (2012) Nature 486, 52.
29
P.J. Crutzen and E.F. Stoermer, ‘The ‘Anthropocene’ (2000) IGBP Global
Change Newsletter 41, 17–18.
30
L. Kotzé, ‘Rethinking Global Environmental Law and Governance in the
Anthropocene’ (2014) Journal of Energy and Natural Resources Law 32(2),
121–156.
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same way as a volcano or meteor – able to change the Earth and its
system, and possibly even to cause a mass extinction.31
Several commentators have ventured definitions of the Anthropocene.
For example, Steffen, Crutzen and McNeill state:
The term Anthropocene … suggests that the Earth has now left its natural
geological epoch, the present interglacial state called the Holocene. Human
activities have become so pervasive and profound that they rival the great
forces of Nature and are pushing the Earth into planetary terra incognita. The
Earth is rapidly moving into a less biologically diverse, less forested, much
warmer, and probably wetter and stormier state.32
The term Anthropocene suggests: (i) that the Earth is now moving out of its
current geological epoch, called the Holocene and (ii) that human activity is
largely responsible for this exit from the Holocene, that is, that humankind
has become a global geological force in its own right.33
31
M. Hodson and S. Marvin, ‘Urbanism in the Anthropocene: Ecological
Urbanism or Premium Ecological Enclaves?’ (2010) City 14, 299–313.
32
W. Steffen, P.J. Crutzen and J. McNeill, ‘The Anthropocene: Are Humans
Now Overwhelming the Great Forces of Nature?’ (2007) Ambio 36, 614.
33
W. Steffen, J. Grinevald, P. Crutzen et al, ‘The Anthropocene: Conceptual
and Historical Perspectives’ (2011) Philosophical Transactions of the Royal
Society 369, 843.
34
A.D. Barnosky, J.H. Brown, G.C. Daily et al, ‘Introducing the Scientific
Consensus on Maintaining Humanity’s Life Support Systems in the 21st Cen-
tury: Information for Policy Makers’ (2014) The Anthropocene Review 1(1), 78.
35
See <http://quaternary.stratigraphy.org/workinggroups/anthropocene/>, ac-
cessed 25 January 2018.
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36
J. Baskin, ‘Paradigm Dressed as Epoch: The Ideology of the Anthropo-
cene’ (2015) Environmental Values 24, 10.
37
Ibid.
38
Ibid, 10–11.
39
S. Baker, ‘Adaptive Law in the Anthropocene’ (2015) Chicago-Kent Law
Review 90(2), 567.
40
J. Rockström, W. Steffen, K. Noone et al, ‘Planetary Boundaries: Explor-
ing the Safe Operating Space for Humanity’ (2009) Ecology and Society 14(2),
1–33.
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41
Crutzen and Stoermer, above n 29, 17.
42
Rockström et al, above n 40.
43
Steffen et al, above n 33, 860.
44
B.W. Brook, E.C. Ellis, M.P. Perring et al, ‘Does the Terrestrial Biosphere
have Planetary Tipping Points?’ (2012) Trends in Ecology and Evolution 1–6
at 1.
45
Climate change; rate of biodiversity loss (terrestrial and marine); interfer-
ence with the nitrogen and phosphorus cycles; stratospheric ozone depletion;
ocean acidification; global freshwater use; change in land use; chemical pollu-
tion; and atmospheric aerosol loading.
46
J. Rockström, W. Steffen, K. Noone et al, ‘A Safe Operating Space for
Humanity’ (2009) Nature 461, 472–475.
47
Barnosky et al, above n 28, 52–58.
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It has been argued above that the Anthropocene presents a new living
reality characterised by the hitherto unacknowledged complexity of the
Earth system, making it all but impossible to establish simple, clear,
linear links between causes and effects, and making it crucially neces-
sary, if challenging, to craft and execute future regulatory interventions.48
The arrival of the Anthropocene therefore arguably would require of us to
start thinking about law, politics and social ordering in planetary terms:
‘discussions of the Anthropocene necessarily require thinking at the scale
of the biosphere and over the long term. This is a planetary issue, matters
at the large scale require some consideration of ethical connection and,
perhaps, the implicit invocation of a single polity, however inchoate.’49
More importantly for present purposes, the Anthropocene would also
require of us to start contemplating global environmental law and politics
in terms of systems thinking. Recognising the connectivity, nonlinearity
and complexity of socio-ecological processes, Earth system science is
concerned with the ‘study of the Earth’s environment as an integrated
system in order to understand how and why it is changing, and to explore
the implications of these changes for global and regional sustainability’.50
Our efforts to facilitate a sustainable future, to maximise equitable
choices and to identify and enable those options that would keep us
within safe operating spaces away from critical tipping points in the
Earth system, will require our better understanding, mediating and
responding to human interference with an increasingly unpredictable and
complex Earth system.51 While this would probably be the ultimate
regulatory challenge of the Anthropocene, a systems approach simul-
taneously provides us with the cognitive framework to contemplate
48
F. Oldfield, A.D. Barnosky, J. Dearing et al, ‘The Anthropocene Review:
Its Significance, Implications and the Rationale for a New Transdisciplinary
Journal’ (2014) The Anthropocene Review 1(1), 3.
49
S. Dalby, ‘Anthropocene Ethics: Rethinking “The Political” after Environ-
ment’. Paper presented at International Studies Annual Convention, Montreal,
Canada, 2004. Available at <https://www.yumpu.com/en/document/view/
42485216/anthropocene-ethics-rethinking-the-political-after-environment/3> ac-
cessed 26 January 2018.
50
A. Ignaciuk, M. Rice, J. Bogardi et al, ‘Responding to Complex Societal
Challenges: A Decade of Earth System Science Partnership (ESSP) Inter-
disciplinary Research’ (2012) Current Opinion in Environmental Sustainability 4,
147–158 at 147.
51
Oldfield et al, above n 48, 3.
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52
See among others, F. Biermann, Earth System Governance: World Politics
in the Anthropocene (MIT Press, 2014).
53
F. Biermann, M.M. Betsill, S. Camargo Vieira et al, ‘Navigating the
Anthropocene: the Earth System Governance Project Strategy Paper’ (2010)
Current Opinion in Environmental Sustainability 2, 203. See also for a more
detailed conceptual analysis, F. Biermann ‘“Earth System Governance” as a
Cross-cutting Theme of Global Change Research’ (2007) Global Environmental
Change 17, 326–337.
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54
F. Biermann, ‘The Anthropocene: A Governance Perspective’ (2014) The
Anthropocene Review 1(1), 59.
55
Biermann et al, above n 53, 329–330.
56
Law could be ‘hybrid’ to the extent that it is state orchestrated rather than
state centred; decentralised rather than centralised; based on dispersed rather
than bureaucratic expertise; and integrating a mix of hard and soft law rather than
focusing solely on mandatory rules. H. Osofsky, Scales of Law: Rethinking
Climate Change Governance (PhD Dissertation, Oregon University, 2013)
39. Available at <https://scholarsbank.uoregon.edu/xmlui/bitstream/handle/1794/
13297/Osofsky_oregon_0171A_10730.pdf?sequence=1> accessed 26 January
2018. The SDGs, while not law, could be an important part of such a hybrid
body of law.
57
Ibid, 45–49.
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meaningful role in, and are suited for, the Earth system governance
paradigm is investigated below.
58
K. Scott, ‘International Law in the Anthropocene: Responding to the
Geoengineering Challenge’ (2013) Michigan Journal of International Law 34(2),
309–358 at 312.
59
Kotzé, above n 30, 121–156.
60
W. Autin and J. Holbrook, ‘Is the Anthropocene an Issue of Stratigraphy or
Pop Culture?’, July 2012, GSA Today 60–61 at 61.
61
Ibid, 60.
62
Biermann et al, above n 53, 202.
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63
A. Gillespie, International Environmental Law, Policy and Ethics (Oxford
University Press, 1997) 9.
64
R. Kim and K. Bosselmann, ‘International Environmental Law in the
Anthropocene: Towards a Purposive System of Multilateral Environmental
Agreements’ (2013) Transnational Environmental Law 2(2), 285–309.
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65
United Nations, The Millennium Development Goals Report, above n 4, 7.
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billion years old and that humans, in our present form, evolved approxi-
mately 200,000 years ago. By this account, it is clear that human history
is far shorter than Earth history, which is significant for two reasons.
First, while humans have been a part of the Earth’s history for an almost
negligible period of time, they have managed and continue to signifi-
cantly alter and upset the harmony of the Earth system, despite such a
brief period of time. This shows how powerful humanity has become,
metamorphosing from insignificant inhabitants (co-)living with the Earth,
to powerful and aggressive geological agents capable of changing the
Earth in a very short period of time. Second, what the imagery of the
Anthropocene requires is a significant expansion of our sense of time that
is more attuned to ‘Earth time’.66 This would arguably foster a deeper
appreciation of the short-, medium- and long-term nature of human
impacts on the Earth system, and simultaneously could open up possibil-
ities to devise mitigation and adaptation strategies that last and have an
impact far further ahead in the future than those we currently have.
In the bigger ‘Earth time’ scheme of things, being only geared towards
the next 15 years and despite their focus on present and future gener-
ations, the SDGs are decidedly short term and therefore inappropriate to
guide the current generation to devise, adopt and implement those
regulatory interventions that would be required to stay within a safe
operating space well into the future. For this and all the other reasons set
out above, I must conclude that the SDGs are wholly inappropriate to
provide any truly sustainable future for humans and non-humans in the
Anthropocene.
66
See, for a discussion, B. Richardson, ‘Doing Time: The Temporalities of
Environmental Law’ in L. Kotzé (ed), Environmental Law and Governance for
the Anthropocene (Hart, 2017) 55–74.
67
Rockström et al, above n 40, 1.
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Even though they have been created to ‘stimulate action over the next
15 years in areas of critical importance for humanity and the planet’,70
the SDGs do not cover all the aspects addressed by the planetary
boundary framework. For example, no goal or target for stratospheric
ozone depletion has been included, despite the Ozone Secretariat’s
efforts, most probably because the international ozone law and govern-
ance regime has been marginally successful with ozone depletion moving
out of the periphery of an area of critical importance as a result.71 One
would presume that while the drafters of the planetary boundaries
framework could have chosen various other boundaries, they have
carefully selected the nine boundaries because they cover the most
prominent aspects critical for the proper functioning of the Earth system.
If they were truly meant to promote Earth system integrity, the SDGs at
the very least should have included all nine planetary boundaries, either
as targets and/or in the goals more generally.
It has been shown above that the SDGs simply manage to rehash the
trite and weak anthropocentric sustainable development agenda that has
taken root in the global environmental law, politics and governance
regime since 1972. Despite a noble but ultimately unsuccessful attempt
68
Ibid, 1.
69
W. Steffen, K. Richardson, J. Rockström et al, ‘Planetary Boundaries:
Guiding Human Development on a Changing Planet’ (2015) Science 347(6223),
744.
70
United Nations General Assembly, Transforming our world, above n 6,
Preamble.
71
Kim, above n 11, 16. Not everyone is as optimistic about the achievements
and successes of the ozone regime: see, for example <http://www.smithsonian
mag.com/science-nature/the-ozone-problem-is-back-and-worse-than-ever-136717
745/>, accessed 26 January 2018.
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… the SDGs themselves are presented using a silo approach. The drafters did
not employ systems thinking when goal-setting and ended up forming a list of
equally important global priorities. The non-hierarchical organization of the
SDGs is problematic because the goals and targets interact. While some
72
See Adelman, Chapter 2 in this volume.
73
Cooper and French, Chapter 12 in this volume.
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74
Kim, above n 11, 17.
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3.5 CONCLUSION
I have been particularly critical of the SDGs in my analysis above. This
is because none of the three new-millennial analytical paradigms through
which I have viewed the SDGs actually support, justify or legitimise the
current purpose, focus, form and ontology of the SDGs. This is worrying
considering that, as I have shown, the SDGs have some measure of
normative authority and significance, while states have at least some
sense of obligation to achieve the 17 goals and 169 targets. The SDGs
clearly are therefore not insignificant in the larger global law, politics and
governance scheme of things.
If the SDGs are the principal roadmap for development until 2030,
they represent a lost opportunity as they will likely continue to advance
socio-economic growth at the expense of ecological considerations, much
like the MDGs before them. Socio-economic growth that is aimed at
alleviating poverty and creating more inclusive societies, among other
things, is critically important, but the extent to which this can be
achieved is entirely dependent on Earth system integrity being safe-
guarded well into the future. The short-term successes of the SDGs might
very well be significant, but it is hard to believe that they would be able
meaningfully to address in the much longer term Anthropocene-inducing
causes and events; prevent humanity from approaching and crossing
planetary boundaries; and properly respond to an integrated but fragile
Earth system in a coherent and effective way.
The analysis suggests that not only will the SDGs not address the
ecological imperatives identified throughout; their failure to fully reflect
these ecological concerns ultimately risks exacerbating the Anthropo-
cene’s multiple socio-ecological crises and the many problems these
create by delaying (at least for 15 years) a critical political conversation
about the challenges ahead. We also risk delaying a conversation, and
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ACKNOWLEDGEMENT
Research for this chapter was supported in part by the author’s European
Union Marie Sklodowska Curie project titled: ‘Global Ecological Custo-
dianship: Innovative International Environmental Law for the Anthropo-
cene’ (GLEC-LAW) under grant agreement No. 751782 and it was
completed in February 2018.
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/ Date: 20/4