Degrowth and International Law: Assessing the Compatibility of Degrowth and the Principle of Sustainable Development

• Jurisdiction: South Africa
• Date: 01 December 2022
• Pages: 1-24
• Author: Jessie Phyffer
• Published date: 01 December 2022
• DOI: 10.25159/2522-6800/12759

Article

South African Public Law

https://doi.org/10.25159/2522-6800/12759

https://unisapressjournals.co.za/index.php/12759

ISSN 2522-6800 (Online)

Volume 37 | Number 2 | 2022 | #12759 | 24 pages

© Unisa Press 2023

Degrowth and International Law: Assessing the

Compatibility of Degrowth and the Principle of

Sustainable Development

Jessie Phyffer

https://orcid.org/0000-0002-8103-9913

University of Pretoria

jessphyffer@gmail.com

Abstract

This article explores whether the international law principle of sustainable

development is compatible with the degrowth development framework.

Sustainable development is a guiding and binding principle of international law

which calls for development that meets the needs of the current generation

without compromising the ability of future generations to meet their own needs.

This article is grounded in the international law principle of sustainable

development because of the significant position it occupies in international law

as a guiding principle of the United Nations. Degrowth calls for the intentional

downscaling of production and consumption at all levels to bring human activity

back within planetary boundaries while securing decent levels of human well-

being. It challenges the common-sense understanding that economic growth is

an indispensable part of development and instead relies on policies which

redistribute already existing wealth to fund social development projects. An

approach to social concerns in this way ensures that less environmental capital

is needed to develop States. This article takes a broad approach to sustainable

development and degrowth and argues that they are complementary because

they share the same base, namely the intersection between economic

development, social development, and environmental protection. This article

ultimately concludes that the principle of sustainable development is compatible

with and is most purely manifested within a degrowth framework.

Keywords: Degrowth; the principle of sustainable development; international law;

environmental protection; social development

Phyffer

2

The solution to the climate crisis is not going to be achieved with more green capitalism

and more glob al carbon markets. The solution is civilisation change, to move towards

an alternative model to capitalism.

Introduction

Climate change and complete environmental collapse are the greatest threats facing

humanity today.

1

This human-induced environmental crisis has come about as a result

of the relentless pursuit of economic growth.

2

Economic growth is painted as

indispensable in addressing development problems such as poverty, and access to

health, housing and education.

3

But this capitalist, growth-obsessed type of

development necessarily impacts and degrades the environment.

4

As such, there is a

constant battle between growing economies, in a supposed attempt to address these

social development problems, and protecting the environment.

5

The pursuit of infinite

economic growth demanded by the capitalist system that dominates the global economy

today

6

has not delivered on its promise of development for several millions of people

and has ravaged the environment in the process.

7

The need to address social

development problems remains present and pressing, but the environment cannot

physically and indefinitely sustain a development path which inexorably pursues

economic growth. There is, therefore, a dire need for international course correction.

International law has a crucial role to play in this course correction because the

environmental crisis is not one which can be solved by individual States. The

environmental crisis is not new and international law’s answer to balancing

* ‘Bolivia Denounces “Carbo n Colonialism” at COP26’ (Reuters, 2 November 2021)

accessed 25 November 2021.

** Jessie Phyffer is an LLD student at the University of Pretoria. She would like to thank the National

Research Foundation of South Africa (NRF) because this work is based on research supported wholly

by the NRF (Grant Number: 144988).

1

UNGA, ‘Report of the Special Rapporteur on the Promotion and Protection of Human Rights in the

Context of Climate Change’ (26 July 2022) UN Doc A/77/226 para 1.

2

Sumudu Atapattu, Carmen Gonzalez, and Sara Seck, ‘Intersections o f Environmental Justice’ and

Sustainable Development: Framing the Issues’ in Sumudu Atapattu, Carmen Gonzalez, and Sara

Seck (eds), The Cambridge Handbook of Environmental Justice and Sustainable Development (CUP

2021) 1.

3

Giorgos Kallis, Susan Paulson, Giacomo D’Alisa and Fredrico Demaria, The Case for Degrowth

(Polity Press 2020) 13–14.

4

Atapattu and others (n 2) 1. When employing capitalism or capitalist, this article is referring to the

pursuit of economic growth as a salient feature of capitalism.

5

UN News, ‘IPCC report: ‘“Code Red”’ for Human Driven Global Heating, Warns UN Chief’ (UN

News, 9 August 2021) accessed 29 November

2021.

6

Claiton Fyock, ‘What Might Degrowth Mean for International Econo mic Law? A Necessary

Alternative to the (un)Sustainable Development Paradigm’ (2022) 12 Asian Journal of International

Law 44.

7

Atapattu and others (n 2) 1.