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Human Rights in the Context of Sustainable Development

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Human Rights in the Context of Sustainable Development Golden Gate University School of Law GGU Law Digital Commons Theses and Dissertations Student Scholarship 11-30-2020 Human Rights In the Context of Sustainable Development Kuruvilla Mathen Golden Gate University School of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.ggu.edu/theses Part of the Human Rights Law Commons, and the International Humanitarian Law Commons Recommended Citation Mathen, Kuruvilla, "Human Rights In the Context of Sustainable Development" (2020). Theses and Dissertations. 83. https://digitalcommons.law.ggu.edu/theses/83 This Dissertation is brought to you for free and open access by the Student Scholarship at GGU Law Digital Commons. It has been accepted for inclusion in Theses and Dissertations by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. GOLDEN GATE UNIVERSITY SCHOOL OF LAW DISSERTATION TITLE: HUMAN RIGHTS IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT APPLICANT: KURUVILLA MATHEN SUBMITTED TO GOLDEN GATE UNIVERSITY SCHOOL OF LAW, DEPARTMENT OF INTERNATIONAL LEGAL STUDIES, IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE CONFERMENT OF THE DEGREE OF SCIENTIAE JURIDICAE DOCTOR (SJD). MEMBERS OF THE DISSERTATION COMMITTEE 1. DR. MARC SANTAMARIA 2. PROFESSOR DR. ZAKIA AFRIN 3. DR. ROBERT FRAZIER SAN FRANCISCO, CALIFORNIA NOVEMBER 30, 2020 1 HUMAN RIGHTS IN THE CONTEXT OF SUSTAINABLE DEVELOPMENT Table of Contents ACKNOWLEDGEMENTS ............................................................................................................. 5 ABSTRACT ..................................................................................................................................... 6 I. INTRODUCTION ....................................................................................................................... 7 A. Issues in Regard to “Sustainability” ....................................................................................... 7 B. Background and Formative Events ........................................................................................ 8 C. Relevant Instruments, Declarations, & Guidelines .............................................................. 12 D. The Concept of “Sustainability” .......................................................................................... 15 E. Evolution of the Meaning of the Term, “Development” ...................................................... 20 F. A Brief History of Environmental and Related Initiatives ................................................... 22 G. Conclusion ............................................................................................................................ 29 A. Introduction .......................................................................................................................... 32 B. Symptoms, Causes, & Consequences of Climate Change ................................................... 32 E. Issues in Regard to Water ..................................................................................................... 48 G. Issues in Regard to Pollution ............................................................................................... 70 H. Issues in Regard to Energy ................................................................................................... 78 I. Issues of Poverty and Inequality ............................................................................................ 90 J. Contestations of Anthropogenic Causes of Climate Change ............................................... 101 K. Conclusion ......................................................................................................................... 105 III. HUMAN RIGHTS & SUSTAINABLE DEVELOPMENT ................................................. 108 A. Introduction ........................................................................................................................ 108 B. Human Rights – the Foundations ....................................................................................... 109 C. The U.N. Charter & Legal Obligations to Preserve & Promote Human Rights ................. 111 2 D. The Protection of the Environment as a Human Right ...................................................... 114 1. Amnesty International: Environmental Factors and Human Rights .............................. 118 2. Human Rights Watch (HRW): Environmental Factors and Human Rights .................... 120 E. Summation of Issues of Human Rights .............................................................................. 123 F. The Substantive Content of the Sustainable Development Goals (SDGs) ......................... 125 G. Examination and Evaluation of Sustainable Development Goals (SDGs)......................... 172 (a) Strengths of the SDG Framework ...................................................................................... 172 (b) Deficiencies of the SDG Framework ............................................................................. 175 (c) Overall Assessment of the SDG Framework .................................................................. 195 Conclusion ............................................................................................................................... 197 IV. IMPLEMENTATION OF SUSTAINABLE DEVELOPMENT .......................................... 200 A. Introduction ........................................................................................................................ 200 B. Possibilities of Remediation to Achieve SDGs ................................................................... 201 C. UN Secretary-General’s 2019 Report on SDGs ................................................................. 208 D. Appointment of 17 SDG Advocates by UN Secretary-General .......................................... 209 E. Serious Reported Deficiencies in Implementation of SDGs ............................................... 211 G. The UN Secretary-General as Executive Leader ............................................................... 215 H. Summation .......................................................................................................................... 245 V. CONCLUSION ...................................................................................................................... 248 A. Introduction ........................................................................................................................ 248 B. The Concept of “Sustainability” ........................................................................................ 248 C. Issues of “Sustainability”................................................................................................... 249 B. The Role of the United Nations .......................................................................................... 250 F. The Current Situation ......................................................................................................... 254 F. The Need for Executive Leadership in Implementation of SDGs ....................................... 256 3 VI. BIBLIOGRAPHY................................................................................................................. 261 4 ACKNOWLEDGEMENTS I would like to record here my debt of gratitude to Professor Dr. Christian Nwachukwu Okeke, head of the Department of International Legal Studies at Golden Gate University School of Law, San Francisco, U.S.A, and my leader and mentor in the completion of this dissertation, submitted in partial fulfillment of the requirements of the degree of Doctor of Juridical Science (S.J.D) at Golden Gate University. Professor Dr. Okeke’s incomparable knowledge and understanding of the complexities of Inter- national Law, and his great qualities as a leader and mentor were the main factors in my undertaking this course of study. Further, I would like to record my debt of gratitude to the distinguished members of my Dissertation Committee: Dr. Marc Santamaria, Professor Dr. Zakia Afrin, and Dr. Robert Frazier, members of the faculty of Golden Gate University School of Law, San Francisco. Kuruvilla Mathen San Francisco, CA November 9, 2020 5 ABSTRACT The conceptual framework of “Sustainable Development,” with its three dimensions of economic growth, social development, and environmental protection, represents the result of several significant and far-reaching initiatives. On September 25, 2015, the United Nations General Assembly adopted Resolution A/RES/70/1, “Tran- “sforming Our World: the 2030 Agenda for Sustainable Development.” Resolution A/RES/70/1 propounded seventeen “Sustainable Development Goals (SDGs) and 169 targets,” with a planned implementation date of 2030. This study examines issues of sustainable development. It presents arguments that the framework of sustainable development, in its economic, social, and environ- mental dimensions, encompasses legally cognizable human rights, grounded in provi- sions and principles of the U.N. Charter and the International Bill of Human Rights, and informed by provisions and principles of major international instruments and decl- arations. This work presents a critical evaluation of the seventeen goals stated in Resolution A/RES/70/1. In view of the immense scope of the tasks anticipated, and major delays hitherto experienced in implementation, it is suggested that the project be coordina- ted by an entity possessed of breadth of vision,
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