KEY ESSENTIALS

The Sustainable Development Goals (SDGs) and the Law

Module 4: Law and Practice of SDGs in the
Global Biosphere
Democratising Education for Global Sustainability and Justice
Online Education Series 2023
Global Challenge: Climate Change
If all current commitments
are met, global
temperatures could still rise
by 3.5°C by 2050, or 4.8°C
by 2100, far above crucial
1.5 °C UN limits.
If warming exceeds 1.5 °C,
sea levels could rise by 0.4
– 1.5 metres, drowning
coasts and island States.
37% of global population
will suffer heat waves and
extreme impacts.
Devastating droughts,
floods, and forest wildfires
will rise exponentially.
6.6 million km2 of
permafrost could melt
under 2°C, a key tipping
point.
Artic sea ice will deplete 10
times faster under 2°C
warming.
IPCC, Special Report on 1.5 °C
Global Challenge: Loss of Biodiversity and Ecosystems
From 2001 to 2022, over 400 Global Biodiversity Hotspots
million hectares of forests and
tree cover were lost, also
releasing over 105 Giga-tonnes
of CO₂ emissions.
Forests decreased on average
by 4.7 million hectares per year
in 2010–2020.
1 million animal and plant
species are threatened with
extinction –within only a few
years.
Over 90 freshwater species
have been declared Extinct or
Extinct in Wild and 115 are
classified as ‘Critically Degradation of
Endangered Possibly Extinct the World’s
(IUCN). Forests
The majority of species listed by
the Convention on Migratory
Species are in decline, due to
habitat loss and direct use.
FAO. 2020. Global Forest Resources Assessment 2020:
Main Report

Global Forest Watch; IPBES, Global Assessment Report on Primary forests

Biodiversity and Ecosystem Services Tree cover loss
Emerging hot spots

,
Global Challenge: Degradation of Oceans and Fisheries
With 2°C increase, 66% of Intensity of Global Marine Traffic
ocean area will degrade
due to cumulative impacts, Marine Traffic,
and 99% of coral reefs die Marine Traffic
off. Density (2021)

Only 6.35% of the global

ocean was protected in
2017.
Roughly 35% of global
wetlands have been lost
over the last 50 years.
33% of global fish stocks
were being fished at
biologically unsustainable
levels in 2017, and this is
rising.
Limited
Global fisheries capture Protection
reached a record 96.4 of Marine
million tonnes in 2018, up Resources
5.4% from the average of and High
the previous three years. Seas
Since the 1970s migratory
freshwater fish populations
have declined by 76%.
FAO, The State of the Worlds Fisheries and
Aquaculture (2020).
Global Challenge: Polluted Rivers and Freshwater Ecosystems
Rivers, lakes and wetlands Water Pollution Worldwide
are biodiversity-rich
ecosystems covering less
than 1% of the earths
surface but hosting nearly
25% of all vertebrates and
over 50% of fish species.
Roughly 35% of global
wetlands have been lost
over the last 50 years.
Since the 1970s migratory
freshwater fish populations
have declined by 76%.
Over 80 freshwater
species have been
declared Extinct, while 10
more have been declared
Extinct in the Wild and 115
are classified as ‘Critically Land-based
Endangered Possibly Marine
Extinct (IUCN). Pollution
WWF, The Worlds Forgotten Fishes (2020). Impacts on
Marine
Ecosystems
The SDGs – Relevant Environmental Treaties & Regimes (1/2)

1945 Constitution of the United Nations Food and Agriculture Organisation [195 Parties]
1948 World Health Organization (WHO) [194 Parties]
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]
2015 Paris Agreement on Climate Change [195 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]
2000 Southern Development Community (SADC) Revised Protocol on Shared Watercourses in SADC [16 Parties]
2000 Water Charters of the Senegal and Niger Rivers and the Lake Chad Water Basin [6 Parties]
1975 Statutes of the River Uruguay [2 Parties]
1995 Agreement on Cooperation for Sustainable Development of the Mekong River Basin [4 Parties]
1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Water
Convention) [46 Parties]
1999 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses
and International Lakes [27 Parties]

2009 Statute of the International Renewable Energy Agency [168 Parties]

1994 UN Convention to Combat Desertification [197 Parties]
1994 Energy Charter Treaty [56 Parties]
1994 Protocol on the Energy Efficiency and Related Environmental Aspects [47 Parties]
1992 UN Framework Convention on Climate Change [198 Parties]
2015 Paris Agreement on Climate Change [194 Parties]
2009 Treaty on the Functioning of the European Union [27 Parties]
 The SDGs - Supported by Environmental Treaties & Regimes (2/2)
1945 Charter of the United Nations [193 Parties]
1991 Convention on the Conservation of Migratory Species of Wild Animals (CMS) [131 1948 Universal Declaration of Human Rights
Parties] 1966 International Convention on Economic, Social and Cultural Rights (ICESCR) [171 Parties]
1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora 2006 Convention on the Rights of Persons with Disabilities (CRPD) [182 Parties]
(CITES) [183 Parties] 1989 UN Convention on the Rights of the Child (CRC) [196 Parties]
2001 The International Treaty on Plant Genetic Resources for Food and Agriculture
(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]
1979 Convention on the Conservation of European Wildlife and Natural Habitats [51 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]
1971 Ramsar Convention on Wetlands of International Importance [171 Parties]
1992 Convention on the Protection and Use of Transboundary Watercourses and International
1992 The United Nations Framework Convention on Climate Change
Lakes [44 Parties]
(UNFCCC) [197 Parties]
1997 Convention on the Law of the Non-navigational Uses of International Watercourses (New
2015 Paris Agreement to the United Nations Framework Convention on
York Convention) [37 Parties]
Climate Change [189 Parties]
1996 Declaration on the Establishment of the Arctic Council [8 Parties]
1994 The United Nations Convention to Combat Desertification in Those
1978 Convention on Cooperation in the Northwest Atlantic Fisheries [9 Parties]
Countries Experiencing Drought and/or Desertification, Particularly in Africa
1982 Convention for the Conservation of Salmon in the North Atlantic Ocean [9 Parties]
(UNCCD) [197 Parties]
1973 International Convention for the Prevention of Pollution from Ships (Marpol) [158 Parties]
1985 Vienna Convention for the Protection of the Ozone Layer [198
1972 London Convention on the Prevention of Marine Pollution by Dumping of Wastes and
Parties], the1987 Montreal Protocol on Substances that Deplete the Ozone
Other Matter [87 Parties]
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 Convention on Persistent Organic Pollutants [184 Parties]
2013 Minamata Convention on Mercury [124 Parties]
2003 Kyiv Protocol on Pollutant Release and Transfer Registers (PRTRs) [38 Parties] 1966 International Convention on Economic, Social and Cultural
1999 Aarhus Convention on Access to Information, Public Participation in Decision-making Rights (ICESCR) [171 Parties]
and Access to Justice in Environmental Matters [46 Parties] 1989 UN Conv on the Rights of the Child (CRC) [196 Parties]
2018 Escazu Regional Agreement on Access to Information, Public Participation and Justice 1966 International Convention on the Elimination of All Forms of
in Environmental Matters in Latin America and the Caribbean [15 Parties] Racial Discrimination [182 Parties]
1972 World Heritage Convention [194 Parties]
1950 European Convention on Human Rights [46 Parties]
Selected International Instruments for the Biosphere

• Convention on International Trade in Endangered Species of Flora and

Fauna (CITES); Convention on the Conservation of Migratory Species of
Wild Animals; Ramsar Convention on Wetlands of International Importance
• Convention on Biological Diversity (CBD) with Cartagena Protocol on
Biosafety & Nagoya Protocol on Access & Benefit-Sharing; International
Treaty on Plant Genetic Resources for Food and Agriculture
• UN Framework Convention on Climate Change (UNFCCC) with Kyoto
Protocol & Paris Agreement; UN Convention to Combat Desertification in
Those Countries Experiencing Serious Drought and/or Desertification
(UNCCD)
• Basel Convention on the Control of Transboundary Movements of
Hazardous Wastes and their Disposal; Vienna Convention for the
Protection of the Ozone Layer, Montreal Protocol on Substances that
Deplete the Ozone Layer; Stockholm Convention on Persistent Organic
Pollutants (POPs), Rotterdam Convention on the Prior Informed Consent
Procedure for Certain Hazardous Chemicals and Pesticides in International
Trade (PICs)
Sustainable Development in Biosphere Accords
Paris Agreement on Climate Change Article 2
1. This Agreement, in enhancing the implementation of the Convention, including its objective, aims to strengthen the
global response to the threat of climate change, in the context of sustainable development and efforts to eradicate
poverty, including by:
(a) Holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing
efforts to limit the temperature increase to 1.5 °C above pre-industrial levels, recognizing that this would significantly
reduce the risks and impacts of climate change;
(b) Increasing the ability to adapt to the adverse impacts of climate change and foster climate resilience and low
greenhouse gas emissions development, in a manner that does not threaten food production; and
(c) Making finance flows consistent with a pathway towards low greenhouse gas emissions and climate-resilient
development.
2. This Agreement will be implemented to reflect equity and the principle of common but differentiated responsibilities
and respective capabilities, in the light of different national circumstances.
Sustainable Development in Biosphere Accords
Convention on the Protection and Use of
Transboundary Watercourses and
International Lakes (Water Convention)
Preamble
Convinced that the protection and
development of water resources for the
benefit of present and future generations and
the maintenance of ecosystems is essential
for economic and social progress and for the
well-being of mankind, and emphasizing the
importance of taking appropriate measures
to prevent, control and reduce water-related
diseases and to promote health
Convention on Biological Diversity Article 1
The objectives of this Convention, to be
pursued in accordance with its relevant
provisions, are the conservation of biological
diversity, the sustainable use of its
components and the fair and equitable
sharing of the benefits arising out of the
utilization of genetic resources, including by
appropriate access to genetic resources and
by appropriate transfer of relevant
technologies, taking into account all rights
over those resources and to technologies,
and by appropriate funding
Illustrative Domestic Law and Policy Innovation (1/2)

New Zealand's Climate Change Response (Zero Carbon) Amendment Act (2019):
A law to reduce New Zealand's greenhouse gas emissions, improve climate change
adaptation and mitigation, and support global Paris Agreement’s objectives, the Act:
• requires local governments to set and report on their own carbon budgets, which are
aligned with New Zealand's overall emissions reduction targets;
• encourages local governments to take action to reduce their carbon emissions and
contribute to New Zealand's overall emissions reduction goals;
• encourages sustainable agriculture practices, including through the development of
a national farm-level emissions pricing scheme;
• helps to reduce the carbon emissions associated with agriculture and promote more
sustainable land use practices.
The Zero Carbon Act directly targets SDG 13.2 to integrate climate change measures
into national policies, strategies and planning; and 13.3 to improve education,
awareness-raising and human and institutional capacity on climate change mitigation,
adaptation, impact reduction and early warning.
Illustrative Domestic Law and Policy Innovation (2/2)

Costa Rica’s 1996 Forestry Law 7575 Payment for Ecosystem Services
programme prioritises environmental services over timber, established the national
fund for forest financing (FONAFIFO) and provides reframe conservation subsidies
as payments for services. The programme:
• recognizes four environmental services: mitigation of greenhouse gas emissions,
hydrological services, biodiversity protection, and provision of scenic beauty;
• supports FONAFIFO's Sustainable Biodiversity Fund (FBS) for owners of small
pieces of land, indigenous communities, and communities with low development
rates.[27]
• financed by a fuel tax established by Forestry Law 7575, and water tariff added
in 2006
• covers 2.45 million hectares (48% of land area), preventing 11 million tons of
carbon emissions between 1999 and 2005.
The Forestry Law Payment for Ecosystem Services target 15.1 to ensure the
conservation, restoration and sustainable use of terrestrial and inland freshwater
ecosystems and their services, 15.2 to promote the implementation of sustainable
management of… forests… 15.5 to… halt the loss of biodiversity… and 15.9 to
integrate ecosystem and biodiversity values into national and local planning,
development processes
Recommended Online
Resources:
- United Nations Sustainable Development
Goals [Click here]
- UN Environment Programme[Click here]
- UN Development Programme [Click here]
- IUCN World Commission on Environmental
Law [Click here]
- World Bank Deep Trade Agreements
Database [Click here]
Recommended Further
Reading:
- K N Scott ‘SDG 14: Conserve and Sustainably Use
the Oceans, Seas and Marine Resources for
Sustainable Development,’ in The Cambridge
Handbook of the Sustainable Development Goals and
International Law (Cambridge University Press 2022)
- R Kibugi et al, ‘SDG 13 on Taking Action on Climate
Change and its Impacts: Contributions of International
Law, Policy and Governance’ (CISDL / UNEP 2016)
- K Koutouki and FK Phillips, ‘SDG 14 on Ensuring
Conservation and Sustainable Use of Oceans and
Marine Resources: Contributions of International Law,
Policy and Governance’ (CISDL / UNEP 2016)
Focus Questions
- How do international environmental treaties align with the
SDGs?
- How does international law coordinate global responses to
climate change and biodiversity emergencies?
- How can national environmental policies and regulations
advance the SDGs?
- How can scientific collaboration, environmental impact
assessment and public participation instruments better
contribute to advancing the SDGs in the global biosphere?