KEY ESSENTIALS

The Sustainable Development Goals (SDGs) and the Law

Module 2: Sustainable Development Law Principles
and Practices
Democratising Education for Global Sustainability and Justice
Online Education Series 2023
Rising Global Social and Ecological Risks
As the world economy faces a series of shocks, science also warns of intensifying human
development pressures and shattering of planetary boundaries

Human Development Index Global Planetary Boundaries COVID-19 Trade Impacts

Source: UN Development Programme (2020) Source: World Trade Organization (WTO) 2021

Source: Stockholm Resilience Centre (2015)

International Responses to Complex
Challenges and Impacts

• Global ‘wicked problems’ are increasing in severity

and impact, but the risks are not truly surprises.
• The international community has been examining
scientific data, raising the alarm, and struggling to
negotiate responses for over 75 years, ¾ century,
since the UN was founded.
• In July 2022, the UN General Assembly (UNGA)
recognized “the right to a clean, healthy and
sustainable environment as a human right” that “is
related to other rights and existing international law”.
• Law can be sword or shield. It remains to be seen
how sustainability considerations will be addressed
by treaty law, international dispute resolution, and
domestic legal and institutional reform.
Sustainable Development on the Global Agenda

“Saving our planet, lifting people out of poverty, advancing

economic growth ... these are one and the same fight.”
Secretary-General, Ban Ki-moon

Global policy agenda through 2030 Agenda and Sustainable

Development Goals (SDGs), backed by treaties
• 17 Goals, building on Millennium Development Goals (MDGs) and the
1992-2012 Agenda
• 169 Targets, measurable with indicators
• A framework to facilitate international cooperation and action, linked to
many international treaty regimes.
Global legal principles in international courts & tribunals
• State to State dispute settlement/advisory opinions are advancing in
the International Court of Justice (ICJ), the Permanent Court of
Arbitration, the International Tribunal on the Law of the Sea, the World
Trade Organization (WTO)
• State to Other disputes are being pursued in regional human rights
courts, other regional courts, also dispute/complaint mechanisms of
international accords / organisations including investment tribunals
under ICSID or UNCITRAL rules.
Integrated Responses to Global Economic, Social &
Environmental Challenges
Global Challenges for the Economy: Inequality, poverty, hunger, natural
resources depletion, unemployment, lack of infrastructure, faltering trade,
investment/financial rules, perverse subsidies, lack of opportunity/stability
SDGs: Industry, innovation and infrastructure (SDG 9), Decent work and economic
growth (SDG 8), Reduced inequality (SDG 10), Sustainable consumption and
production (SDG 12), No poverty (SDG 1), Zero hunger (SDG 2), Affordable and
clean energy (SDG 7), Sustainable cities and communities (SDG 11), Global
partnership (SDG 17)
Global Challenges for Society: Human rights violations, human trafficking, loss of
cultures and languages, exclusion of women, minorities and others, hunger, poverty,
health crisis and pandemics, discrimination, lack of access to education
SDGs: Good health and wellbeing (SDG 3), Quality education (SDG 4), Gender
equality (SDG 5), Clean water and sanitation (SDG 6), Peace and justice (SDG 16),
Zero hunger (SDG 2), No poverty (SDG 1), Sustainable cities and communities
(SDG 11), Global partnership (SDG 17)
Global Challenges for the Biosphere: Climate change, biodiversity/ecosystems
loss, species extinction, land/soil degradation, marine/freshwater pollution, toxic
wastes/pollutants
SDGs: Life on land (SDG 15), Life below water (SDG 14), Clean water and
sanitation (SDG 6), Climate action (SDG 13), Affordable and clean energy (SDG 7),
Sustainable production and consumption (SDG 12), Sustainable cities and
communities (SDG 11), Global partnership (SDG 17)
The SDGs - Supported by International Treaties & Regimes (1/2)
1945 Constitution of the United Nations Food and Agriculture Organisation [195 Partis]
2001 International Treaty on Plant Genetic Resources for Food and Agriculture [147 Parties]
1977 Agreement establishing the International Fund for Agricultural Development [177 Parties]
1961 UN General Assembly Resolution establishing the World Food Programme [195 Parties]
2016 Canada-EU Comprehensive Economic and Trade Agreement [2 Parties]
1948 Universal Declaration of Human Rights [all]
1966 International Convention on Economic, Social and Cultural Rights (ICESCR)
[171 Parties]
1966 International Convention on Civil and Political Rights (ICCPR) [173 Parties]
1989 UN Convention on the Rights of the Child [196 Parties]
1964 UN General Assembly Resolution establishing the UN Conference on Trade
and Development [195 Parties]
2008 European Union-Caribbean Forum Economic Partnership Agreement [2
Parties]

1946 Constitution of the World Health Organization [193 Parties]

1966 International Convention on Economic, Social and Cultural Rights
(ICESCR) [171 Parties]
2003 WHO Framework Convention on Tobacco Control [182 Parties]
2019 United States–Mexico–Canada Agreement [3 Parties]
1979 Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) [189
Parties]
2006 Convention on the Rights of Persons with Disabilities (CRPD) [182 Parties]
1990 World Declaration on Education for All
1989 Convention on the Rights of the Child [196 Parties]
1990 International Convention on the Protection of the Rights of all Migrant Workers and Members of
their Family [55 Parties]
1960 Convention Against Discrimination in Education [106 Parties]

1979 Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) [189 Parties]
1954 Convention on the Political Rights of Women [123 Parties]
1958 ILO Discrimination (Employment and Occupation) Convention [175 Parties]
1962 Convention on Consent to Marriage,
Minimum Age for Marriage and Registration of
Marriages [56 Parties]

1971 Ramsar Convention on Wetlands of International Importance [171 Parties]

1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes [44 Parties]
1997 Convention on the Law of Non-Navigational Uses of International Watercourses [37 Parties]
1992 UN Convention on Biological Diversity [196 Parties]

2009 Statute of the International Renewable Energy Agency

1994 UN Convention to Combat Desertification [197 Parties]
1994 Energy Charter Treaty [56 Parties]
1994 Protocol on the Energy Efficiency and Related Environmental Aspects

1919 Constitution of the ILO [187 Parties]

1951 Equal Renumeration ILO Convention [173 Parties]
1957 Abolition of Forced Labor ILO Convention [176 Parties]
1973 Minimum Age ILO Convention [173 Parties]
The SDGs - Supported by International Treaties & Regimes (2/2) 1945 Charter of the United Nations [193 Parties]
1948 Universal Declaration of Human Rights
1966 International Convention on Economic, Social and Cultural Rights (ICESCR) [171 Parties]
2006 Convention on the Rights of Persons with Disabilities (CRPD) [182 Parties]
1989 UN Convention on the Rights of the Child (CRC) [196 Parties]

1991 Convention on the Conservation of Migratory Species of Wild Animals (CMS) [131
Parties] 1969 International Conv on the Elimination of All Forms of Racial Discrimination [182 Parties]
1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora 2003 United Nations Convention Against Corruption (UNCAC) [187 Parties]
(CITES) [183 Parties] 2000 United Nations Convention on Transnational Organized Crime [190 Parties]
2001 The International Treaty on Plant Genetic Resources for Food and Agriculture 1988 Agreement Establishing the International Development Law Organization [34 Parties]
(ITPGRFA) Ramsar Convention [147 Parties]
1972 The Convention Concerning the Protection of the World Cultural and Natural Heritage
(World Heritage Convention) [194 Parties]
1951 The International Plant Protection Convention (IPPC) [184 Parties]
1992 UN Convention on Biodiversity [196 Parties]
1982 UN Convention on the Law of the Seas (UNCLOS) [168 Parties]
1995 UN Fish Stocks Agreement (UNFSA) [87 Parties]
1995 Agreement on Conservation and Management of Straddling Fish Stocks and Highly Migratory
Fish Stocks [91 Parties]
1992 The United Nations Framework Convention on Climate Change 1971 Ramsar Convention on Wetlands of International Importance [171 Parties]
(UNFCCC) [197 Parties] 1992 Convention on the Protection and Use of Transboundary Watercourses and International
2015 Paris Agreement to the United Nations Framework Convention on Climate Lakes [44 Parties]
Change [189 Parties] 1997 Convention on the Law of the Non-navigational Uses of International Watercourses (New York
1994 The United Nations Convention to Combat Desertification in Those Convention) [37 Parties]
Countries Experiencing Drought and/or Desertification, Particularly in Africa 1996 Declaration on the Establishment of the Arctic Council [8 Parties]
(UNCCD) [197 Parties] 1978 Convention on Cooperation in the Northwest Atlantic Fisheries [9 Parties]
1985 Vienna Convention for the Protection of the Ozone Layer [198 Parties], 1982 Convention for the Conservation of Salmon in the North Atlantic Ocean [9 Parties]
the1987 Montreal Protocol on Substances that Deplete the Ozone Layer [197
Parties] and the 2016 Kigali Amendment to the Montreal Protocol on
Substances that Deplete the Ozone Layer [114 Parties]
1966 International Convention on Economic, Social and Cultural Rights
(ICESCR) [171 Parties]

1992 UN Convention on Biodiversity [196 Parties]
2000 Cartagena Protocol on Biosafety [173 Parties]
1989 Basel Convention on the Control of Transboundary Movements
of Hazardous Waste and their Disposal [188 Parties]
1998 Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade [164 Parties]
2001 Stockholm Conv on Persistent Organic Pollutants [184 Parties]
2013 Minamata Convention on Mercury [124 Parties]
1948 Universal Declaration of Human Rights;
1966 International Convention on Economic, Social and
Cultural Rights (ICESCR) [171 Parties]
1966 International Convention on Civil and Political Rights
(ICCPR) [173 Parties]
1979 Conv on the Elimination of all Forms of Discrimination
Against Women (CEDAW) [189 Parties]
2006 Convention on the Rights of Persons with Disabilities
(CRPD) [182 Parties]
1990 International Convention on the Protection of the
Rights of All Migrant Workers and Members of their
Families [55 Parties]
1966 International Convention on Economic, Social
and Cultural Rights (ICESCR) [171 Parties]
1989 UN Convention on the Rights of the Child (CRC)
[196 Parties]
1966 International Convention on the Elimination of All
Forms of Racial Discrimination [182 Parties]
1948 Universal Declaration of Human Rights;
1966 Intl Conv on Economic, Social and Cultural Rights (ICESCR) [171 Parties]l
1966 International Convention on Civil and Political Rights (ICCPR) [173 Parties]
1947 General Agreement on Tariffs and Trade; 1994 Marrakesh Agreement
Establishing the World Trade Organisation [164 Parties]
Interactional International Law Theory and Practice:
Legitimacy and Legality

• Sources of international law traditionally include treaty rules (binding on States which
have adopted them), customary principles (accepted by States as law, including jus
cogens norms) and general principles (from major legal systems), with writings of experts
and decisions of courts and tribunals as supplementary sources.
• An ‘interactional’ account of international law traces clarity, non-contradiction, constancy,
congruence and other criteria establishing a ‘practice of legality’ with law as a purposive
international legal enterprise that builds/maintains reciprocity, through legal framework
and culture (L Fuller, J Brunnee and S Toope).
• In recent decades, international law has faced legality and legitimacy challenges. Rules
are transforming practices and constituencies but are also being interactionally
transformed on all levels.
• International treaty and organization regimes can evolve interactionally, supporting
domestic law and governance reforms, aligned with and contributing to global SDG
targets.
ILA 2002 New Delhi Declaration of Principles of
International Law Relating to Sustainable Development

• The duty of States to ensure sustainable use of natural resources

• The principle of equity and the eradication of poverty
• The principle of common but differentiated responsibilities
• The principle of the precautionary approach to human health, natural resources
and ecosystems
• The principle of public participation and access to information and justice
• The principle of good governance
• The principle of integration and interrelationship, in particular in relation to
human rights and social, economic and environmental objectives
Sustainable Development Principles in International Courts and Tribunals

Significant ICJ/PCA Decisions Selected ITLOS Cases Selected WTO Cases

• 1893 Pacific Fur Seal Arbitration (United States / Canada) • 1999 Southern Bluefin Tuna Prov.
• 1907 Trail Smelter Arbitration (United States / Canada) Measures (Aus & NZ / Japan)
• 1974 Nuclear Tests Cases ICJ (Australia and NZ / France) • 2001 MOX Plant Order (Ireland /
England)
• 1993 Maritime Delimitation ICJ (Denmark / Norway)
• 2003 Johor Land Reclamation Prov.
• 1996 Legality of Use of Nuclear Weapons ICJ (Advisory Op)
Measures (Malaysia / Singapore)
• 1997 Gabcikovo – Nagymaros ICJ (Hungary v. Slovakia)
• 2011 Activities in the Area / Seabed
• 2005 Iron Rhine Railway PCA (Netherlands v. Belgium) Authority (Advisory Opinion)
• 2006 Pulp Mills on the River Uruguay ICJ (Argentina v. Uruguay) • 2013 Arctic Sunrise Prov. Measures
• 2013 Indus Water Kishenganga PCA (Pakistan v. India) (Netherlands / Russian Federation)
• 2014 Whaling in Antarctic ICJ (Australia v. Japan) • 2015 Coastal/Flag Sustainable
• 2015 Certain Activities Border Area ICJ (Costa Rica v. Nicaragua) Fisheries Duties (Advisory Opinion)
• 2016 South China Sea Arbitration PCA (Philippines v. China) • 2023+ Small Island States Climate
• 2023+ Countries’ Climate Change Obligations (Advisory Op Req) Change (Advisory Op Req)
• 2001 Chile – Swordfish Case (WTO & ITLOS)
• 1991 US – Tuna Dolphin Case
• 1996 US – Reformulated Gas Case
• 1998 US – Shrimp Turtle I Case
• 2003 US – Shrimp Turtle II Case (Compliance)
• 1990 Thai – Cigarettes Case
• 1998 EU – Beef Growth Hormones Case
• 2000 EU – Asbestos Case
• 2006 EU – Biotech Case
• 2007 Brazil – Retreaded Tires Case
• 2012 US – Tuna Dolphin II
• 2012 US – Clove Cigarettes
• 2014 EU – Seals (indigenous rights)
• 2016 India – Solar Panels

Selected Regional Human Rights Court Cases

• 2006 Lopez Alvarez v. Honduras (Inter-American Court of Human Rights) Bi-lateral / Regional Trade Tribunals
• 2012 Stanciu v. Romania (European Court of Human Rights) Bi-lateral / Regional Investment
• 2017 African Commission of Human and Peoples’ Rights v Kenya (Ogiek
Disputes
Community) (African Court of Human and Peoples’ Rights)
• 2017 Advisory Opinion on Environment and Human Rights (Requested by
Colombia) (Inter-American Court of Human Rights)
Recommended Online
Resources:
- United Nations Sustainable
Development Goals [Click here]
- International Development Law
Organization, Doing Justice to
Sustainable Development [Click here]
- Centre for International Sustainable
Development Law [Click here]
Recommended Further
Reading:
- W Huck, Sustainable Development Goals:
Article-by-Article Commentary (Beck Hart
Nomos 2022)
- MC Cordonier Segger and A Harrington,
‘Environment and Sustainable Development” in
S Chesterman, D Malone and S Villalpando
(eds), The Oxford Handbook of United Nations
Treaties (Oxford University Press 2020)
- MC Cordonier Segger with CG Weeramantry
(eds), Sustainable Development Principles in
the Decisions of International Courts and
Tribunals (Routledge 2017)
Focus Questions

• How can commitments to promote sustainable development help

countries and communities to integrate environmental protection and
social well-being considerations into economic development
decision-making?
• When did the UN adopt the 2030 Agenda and the SDGs, and how
are the SDG targets supported by international treaties?
• What principles of international law are important for sustainable
development, and why?