Partnerships for the Goals

In no other realm is the importance of biodiversity for sustainable development more essential than in the ocean. Marine biodiversity, the variety of life in the ocean and seas, is a critical aspect of all three pillars of sustainable development—economic, social and environmental— supporting the healthy functioning of the planet and providing services that underpin the health, wellbeing and prosperity of humanity.

Shipping is a key user of the oceans, delivering more than 80 per cent of world trade, taking ferry passengers to their destinations and carrying millions of tourists on cruises. Annually, more than 50,000 seagoing ships carry between them more than 10 billion tons of vital and desired cargoes, including commodities, fuel, raw materials and consumer goods.

The world’s oceans are facing increasing challenges, with threats posed by climate change, pollution and overfishing. In the light of these challenges it is becoming increasingly important to set aside large areas of our ocean to allow ecosystems to operate in their natural state. Globally, more and more nations are relying on marine protected areas and reserves to give their regions of our blue planet a fighting chance.

There is substantial scholarship on the limitations that international investment agreements (IIAs) place on States’ authority to regulate in the public interest. An area of fundamental importance that has not received scholarly attention in connection with IIAs is public procurement regulation. Given that public procurement is about the needs of States and their citizens, States would want to retain their authority within municipal public procurement laws to decide with whom to contract to meet those needs, and to pursue socioeconomic and industrial policies through procurement. However, most States are parties to IIAs, which impose obligations on them with respect to the protection of foreign investment. This article explores this seminal issue of whether IIAs stand to limit the authority of States in the implementation of procurement legislation and policies. Based on textual analysis and arbitral case study, it argues that treaty-based standards of investment protection can limit States’ authority on the implementation of methods of procurement (such as national competitive tendering or restricted tendering) and socioeconomic policies in procurement. A question that needs fuller engagement is the extent of conflict between specific IIAs and public procurement laws and policies, either regionally or globally, and how to reconcile conflicting obligations to promote foreign investment and sustainable development. This article provides the foundation for such future research.

There are few more powerful symbols of the international community’s shared past and future than the ocean. From the earliest human migrations, it carried our ancestors to new continents, brought civilizations together, and opened the world to exploration and trade. It also connects us ecologically. Numerous fish species swim across territorial waters to spawn and feed, supporting billion-dollar fisheries and countless livelihoods. Most importantly, the ocean is the central force in regulating the global climate that sustains us all. In fact, scientists have shown that since the onset of the industrial age, the oceans have borne the brunt of consequences from excessive burning of fossil fuels, absorbing carbon dioxide emissions and the majority of the heat generated from global warming.

Humanity owes much to the oceans in many aspects of life. In fact, oceans are essential in providing invaluable ecosystems and climate regulation, as well as important cultural support to the millions of people who live near the sea.

From 5 to 9 June 2017, the United Nations will convene a major meeting to promote ocean sustainability. The United Nations Conference to Support the Implementation of Sustainable Development Goal 14: Conserve and sustainably use the oceans, seas and marine resources for sustainable development—better known as the Ocean Conference— will be the first United Nations forum of its kind on the issue, and an important step in reversing the decline of our oceans.

The Ocean is in dire need of our help. If the cycle of decline, in which it is currently caught, is allowed to continue, the deleterious impacts on the life-forms dwelling in, above and next to the Ocean may well become irreversible.

This is the final time I will contribute to Our Planet as Executive Director of UNEP. It’s a bittersweet moment. I am sad to leave behind such a tremendous team of colleagues and friends who work so passionately to protect our planet and improve the well-being of its peoples. But I am also very fortunate to have been able to lead, work with and learn from that team over the last ten years. It’s a decade that has seen environmental tragedy, turnaround and triumph. UNEP, as the global authority on the environment, has been integral to those stories and successes. So, for my last contribution to Our Planet, I would like to reflect on why three stories give me hope for the future. They stand for countless others I have encountered during these years.