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The Rule of Ecological Law: The Legal Complement to Degrowth Economics

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  • Geoffrey Garver

    (McGill University, Montreal, QC, H3A 2T5, Canada)

Abstract

The rule of ecological law is a fitting complement to degrowth. Planetary boundaries of safe operating space for humanity, along with complementary measures and principles, provide scientific and ethical foundations of the rule of ecological law, which should have several reinforcing features. First, it should recognize humans are part of Earth’s life systems. Second, ecological limits must have primacy over social and economic regimes. Third, the rule of ecological law must permeate all areas of law. Fourth, it should focus on radically reducing material and energy throughput. Fifth, it must be global, but distributed, using the principle of subsidiarity. Sixth, it must ensure fair sharing of resources among present and future generations of humans and other life. Seventh, it must be binding and supranational, with supremacy over sub-global legal regimes as necessary. Eighth, it requires a greatly expanded program of research and monitoring. Ninth, it requires precaution about crossing global ecological boundaries. Tenth, it must be adaptive. Although the transition from a growth-insistent economy headed toward ecological collapse to an economy based on the rule of ecological law is elusive, the European Union may be a useful structural model.

Suggested Citation

  • Geoffrey Garver, 2013. "The Rule of Ecological Law: The Legal Complement to Degrowth Economics," Sustainability, MDPI, vol. 5(1), pages 1-22, January.
    • Handle: RePEc:gam:jsusta:v:5:y:2013:i:1:p:316-337:d:23018
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    References listed on IDEAS

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    1. Martínez-Alier, Joan & Pascual, Unai & Vivien, Franck-Dominique & Zaccai, Edwin, 2010. "Sustainable de-growth: Mapping the context, criticisms and future prospects of an emergent paradigm," Ecological Economics, Elsevier, vol. 69(9), pages 1741-1747, July.
    2. Maria Ivanova, 2010. "UNEP in Global Environmental Governance: Design, Leadership, Location," Global Environmental Politics, MIT Press, vol. 10(1), pages 30-59, February.
    3. Boyd, James, 2000. "The New Face of the Clean Water Act: A Critical Review of the EPA's Proposed TMDL Rules," RFF Working Paper Series dp-00-12, Resources for the Future.
    4. Kallis, Giorgos, 2011. "In defence of degrowth," Ecological Economics, Elsevier, vol. 70(5), pages 873-880, March.
    5. Jonathan A. Foley & Navin Ramankutty & Kate A. Brauman & Emily S. Cassidy & James S. Gerber & Matt Johnston & Nathaniel D. Mueller & Christine O’Connell & Deepak K. Ray & Paul C. West & Christian Balz, 2011. "Solutions for a cultivated planet," Nature, Nature, vol. 478(7369), pages 337-342, October.
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    As found on the RePEc Biblio, the curated bibliography for Economics:
    1. > Schools of Economic Thought, Epistemology of Economics > Heterodox Approaches > Ecological Economics > Degrowth

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    Cited by:

    1. Andy Stirling, 2016. "Precaution in the Governance of Technology," SPRU Working Paper Series 2016-14, SPRU - Science Policy Research Unit, University of Sussex Business School.
    2. Haydn Washington & Helen Kopnina, 2022. "Discussing the Silence and Denial around Population Growth and Its Environmental Impact. How Do We Find Ways Forward?," World, MDPI, vol. 3(4), pages 1-19, December.
    3. Garver, Geoffrey, 2019. "A Systems-based Tool for Transitioning to Law for a Mutually Enhancing Human-Earth Relationship," Ecological Economics, Elsevier, vol. 157(C), pages 165-174.

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