Can the rule of law save our planet? — Latha Arweena Shoffieah and Mohd Istajib Mokhtar

Can the rule of law save our planet? — Latha Arweena Shoffieah and Mohd Istajib Mokhtar

FEBRUARY 4 — The world is facing an unprecedented convergence of crises. Climate change threatens the very fabric of our existence, inequality divides communities, and health crises expose the fragility of our systems. At the centre of this chaos are the Sustainable Development Goals (SDGs) — a global roadmap designed to tackle these challenges by 2030. But with less than a decade to go, the progress is alarmingly slow. What’s holding us back? According to legal scholar Ernst-Ulrich Petersmann, the issue lies in the systems meant to deliver these goals. Institutions like the United Nations (UN) and the World Trade Organisation (WTO) were established to promote international cooperation, yet they’re often tied up in geopolitical rivalries and outdated frameworks that prioritise economic gains over collective well-being.

Imagine trying to fix a modern car with tools from the 1950s. That’s essentially what we’re doing with global governance. The question Petersmann poses is simple yet powerful: Can the rule of law be reimagined to meet today’s challenges? Can we create a system that not only facilitates international trade but also safeguards human rights and the planet? The urgency of these questions cannot be overstated. Every day that passes without action brings us closer to irreversible damage. But as Petersmann points out, solutions exist—they just require the will to implement them. Let’s dive deeper into what’s holding the SDGs back and how we can unleash their potential.

SDGs are falling short?

The SDGs were born out of hope and necessity. From eradicating poverty to combating climate change, these 17 goals represent humanity’s collective aspiration for a better future. Yet, as inspiring as they are, they remain aspirations for many countries rather than actionable priorities. A major stumbling block is the inconsistency in global governance frameworks. Take the WTO, for instance. It was designed to promote free trade, which has undoubtedly driven economic growth. But this growth has often come at a cost — rampant deforestation, exploitative labour practices, and increasing inequality. The WTO’s structure prioritises state sovereignty, allowing countries to sideline environmental and human rights obligations in favour of economic interests.

Consider the ongoing struggle to regulate carbon emissions. While countries debate and delay, the planet warms. The problem isn’t just lack of action; it’s a lack of accountability. Global governance systems lack the teeth to enforce meaningful change because they’re built on outdated notions of embedded liberalism — an economic model that prioritises market efficiency over societal well-being. What’s missing is a unified framework that integrates trade, human rights, and environmental protections. Without this, progress on the SDGs will remain fragmented and uneven. However, this isn’t a lost cause. There are models and examples of success we can draw from, which brings us to the next point.

The rule of law

Imagine a world where trade agreements explicitly address climate change, social equity, and human rights, and where governments and corporations are held accountable for their actions by both international law and their own citizens. This is the vision of a world where the rule of law becomes a tool for sustainability, not just a mechanism for order. One compelling example is citizen-driven environmental litigation in Europe, where ordinary people, armed with legal tools, have forced governments and corporations to act on climate change. These successes demonstrate the power of the rule of law when it’s accessible and enforceable. But accessibility alone isn’t enough. Structural reforms at the highest levels of governance are crucial. International trade law, for instance, should no longer treat sustainability as an optional extra but embed it into every agreement and policy. Imagine a WTO that prioritises renewable energy trade or penalises countries for deforestation. These are not far-fetched ideas but necessary shifts.

Global crises demand urgent action — could reforming governance systems be the key to unlocking the potential of the SDGs? — Unsplash pic

Global crises demand urgent action — could reforming governance systems be the key to unlocking the potential of the SDGs? — Unsplash pic

For the general public, the takeaway is clear: the rule of law isn’t just for lawyers and politicians — it’s for everyone. Supporting judicial reforms and participating in local governance can amplify this change. The rule of law can be a powerful ally in the fight for a sustainable future, but only if we make it work for us. Why cling to governance systems that no longer serve us? The concept of embedded liberalism — a post-World War II framework prioritising economic cooperation and state sovereignty — made sense in an era focused on rebuilding economies. However, it’s ill-equipped to handle today’s interconnected crises. Take trade agreements, for example. They’re often negotiated behind closed doors, with little regard for their impact on the environment or marginalised communities. This approach undermines the SDGs and erodes public trust in governance. Without public confidence in global systems, collective action on pressing global issues becomes increasingly difficult.

A “network governance” model offers a solution — a collaborative approach integrating local, national, and international efforts. Imagine a system where cities, countries, and international bodies work together to tackle climate change, sharing resources, knowledge, and responsibilities. This is not a utopian ideal but a practical necessity. Breaking free from outdated governance is challenging but possible. The key lies in recognising that the world has changed, and governance systems must adapt. Transparency, inclusivity, and adaptability must become core principles. At this point, you might wonder, “What can I do?” The answer lies in understanding your role in this ecosystem. As citizens, we have more power than we often realise. Supporting sustainable policies, voting for leaders who prioritise global welfare, and participating in local initiatives can drive meaningful change.

For businesses, sustainability is no longer a luxury — it’s a necessity. Companies aligning with the SDGs are not just doing the right thing but future-proofing themselves. Consumers are increasingly drawn to brands that demonstrate environmental and social responsibility. In this new landscape, doing good is good business. Parents, educators, and community leaders can also foster awareness and advocacy among the next generation. The SDGs are a shared responsibility, and everyone has a part to play.

A wake-up call

The SDGs are not just lofty goals; they’re urgent imperatives. Achieving them requires more than good intentions — it demands a complete overhaul of how we think about governance, trade, and the rule of law. The path forward is clear: integrate human rights and environmental protections into every level of governance. Create systems that are transparent, accountable, and inclusive. Most importantly, recognise that sustainability isn’t a destination — it’s a journey that requires all of us to participate. The question isn’t whether we can achieve the SDGs. It’s whether we have the courage to do what’s necessary to get there. The time to act is now, and the rule of law can lead the way.

*The authors are from the Department of Science & Technology Studies, Faculty of Science, Universiti Malaya.

** This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.

Scroll to Top