Can economic development be sustainable? Thoughts on the Centre for International Sustainable Development Law’s 2022 Symposium

Sofia Watt Sjöström

On July 15th, 2022, the Centre for International Sustainable Development Law (“CISDL”) hosted its annual symposium, uniting dozens of scholars and thinkers across the globe. This year’s theme was The Global Economy, the Sustainable Development Goals & the Law. It included the Hon. Justice Charles D Gonthier Memorial Lectures and announced the winners of the HE Judge CG Weeramantry International Justice Awards. The turnout was remarkable. It included speeches by Dr. Ngozi Okonjo-Iweala, the Director-General of the World Trade Organization (“WTO”), justices from both Canada’s Supreme Court and Federal Court, and Mr. David Boyd, United Nations Special Rapporteur on human rights and the environment – amongst others! Our very own Editor-in-Chief, Jasen Erbežnik, represented the journal by way of thanks and concluding remarks.

Can economic development be sustainable? This question was posed during the introductory plenary by Professor Richard Janda[i], but it resonated throughout the symposium. To some, sustainable economic development is an oxymoron; economic growth is only ever unsustainable. However, others argue that we have no choice but to link sustainable and economic development, since global sustainability entails a livable planet everywhere, not merely the Global North. So, can economic development be sustainable, and if so, how can international law play a role?  

1.     Can economic development be sustainable?

Economic development can and must be sustainable. Also known as ‘poverty eradication,’ economic progress is crucial to ensuring that all—including those in the Global South and minorities worldwide—can live sustainably. Here is what the speakers had to say:

During the Gonthier lectures, we were honoured to hear from Sir Chris Greenwood[ii]. He spoke directly to the challenge sustainability poses to our global economy. It requires balancing climate action with conflicting twin needs: (1) economic development in the Global South, and, simultaneously, (2) economic stability in the Global North. However, Sir Greenwood emphasized that we must maintain our global economy without returning to protectionism, which has historically caused great harm. Hence, economic progress, especially on a global scale, is an integral component of sustainability.

Professor Damilola Olawuyi[iii] emphasized that the just transition must take place in multiple spheres—not merely climate. For justice to be cosmopolitan, we cannot consider reducing carbon emissions the sole metric for progress towards sustainability; we also need to listen to developing countries’ unique needs. For example, sustainable investments should target clean energy—but what counts as clean? It is essential that the definition meet the needs of not only rich countries dependant on oil and gas, but also poor countries currently dependant on biomass. For the latter, a just sustainable transition necessarily implies economic development. As Professor Sumudu Atapattu[iv] raised, disheartening economic disparities also exist within communities. Every 30 hours, there is both a new billionaire and many more impoverished. It is therefore crucial not to decouple environmental and economic goals.

Dr. Ali Salamat[v] revealed that while 100% of today’s North-North free-trade agreements incorporate environmental goals, only 19% of North-South and a shocking 0% of South-South do. Sustainable development requires international cooperation, but it is severely lacking. Surely, this cooperation can only be ensured if everyone’s interests are included. Adv. Ayman Cherkaoui[vi] says that in defining justice and fairness, we must ask, “Fairness to whom?” If the answer is “everyone,” then economic progress is non-negotiable. To meet the United Nations Sustainable Development Goals (“SDGs”), we cannot pursue Climate Action[vii] alone. We also need to ensure millions have access to their basic needs[viii]. This requires international economic progress.

2.     How can international law play a role?

Law can be a tool for sustainable economic development, but it cannot achieve this alone.[ix] We need broad, holistic change to integrate sustainability at every level, in every sphere, and in every life. Thus, international law’s role in the transition towards economic sustainability is both crucial and limited.

The Symposium’s first Global Experts Plenary linked the SDGs and investment law. Adv. Mahnaz Malik[x] underlined that sustainable development requires action at different levels, including multilateral treaties but also individual contracts and national investments. Sustainable investments are intrinsically international because money, resources, and technology inevitably cross borders. Unfortunately, sustainable development in investment treaties is tricky. An impediment is what Malik called their origin story. Today, virtually every investment treaty draws on the first treaty, which was concluded 60 years ago, when climate change went mostly unnoticed. Changing the investment treaty paradigm now, long after the wax has sealed, may prove difficult.

The second Global Experts Plenary focused on trade and resource law. Professor Gracia Marìn Duràn[xi] elucidated the WTO’s recent Fisheries deal,[xii] concluded in 2022 after 20 years of negotiation. As WTO’s first active stance on an environmental matter, this deal is a big deal. However, it could have gone further. Despite banning illegal, unreported, and unregulated fishing and fishing of overfished stocks, it fails to prohibit subsidies contributing to general overfishing. Such a ban is crucial to sustainable oceans. Hence, although WTO’s fisheries deal represents progress, it leaves room for improvement in balancing economic goals with sustainable development.

The second Gonthier lecturer, esteemed WTO Director-General Dr. Ngozi Okonjo-Iweala[xiii], also addressed the WTO’s potential to further SDGs. She noted the WTO’s success in lifting 1 billion people out of extreme poverty. Still, this development has not been perfectly equal. Global disparities grew during the COVID-19 pandemic, due to unequal access to vaccines and economic relief. To address these inequalities and ensure sustainable development for all, Dr. Okonjo-Iweala emphasized the need for new approaches to trade law.

The third Global Experts Plenary discussed pandemic recovery financing, highlighting the importance of domestic law within an international perspective. Adv. Freedom-Kai Phillips[xiv] described CISDL research that found, impressively, that many countries actively furthered SDGs in their pandemic responses. For example, some developing countries temporarily subsidized water to ensure hygiene, suggesting international Clean Water and Sanitation[xv] is attainable. Countries also invested in environmental goals like renewable energy and biodiversity conservation. Phillips was hopeful: although achieving the SDGs might seem impossibly expensive, clearly, countries can mobilize resources to act when they must. This shows how national law, like its international counterpart, has an important role to play in sustainable economic development.

In brief: yes, economic development can be sustainable—in fact, a sustainable transition cannot truly be conceived without it—and international law’s role therein is significant but not unlimited. There is still much to do. As Professor David Boyd[xvi] points out, achieving the SDGs requires filling a 4.2 trillion-dollar funding gap. However, there is also hope. Progress is underway both internationally and domestically, even in institutions once uninterested in environmental goals. Moreover, there has been a normative shift. Professor Markus Gehring[xvii] remarked that sustainable development lawyers, once laughed at, are today increasingly respected. Let’s hope this momentum is only the beginning.

To learn more about the CISDL and its research, click here.

[i] McGill University / CISDL Board of Governors. Welcome address.

[ii] Master of Magdalene College, University of Cambridge & former Judge, International Court of Justice. Read more here: https://www.magd.cam.ac.uk/user/greenwood. Gave lecture on “The Changing Role of International Law in the Global Economy”, one of the Hon. Justice Charles D Gonthier Memorial Lectures.

[iii] HBKU. Spoke at first Global Experts Plenary, “Linking Investment & Climate Change through International Law: SDG 7, SDG 9 & SDG 13”.

[iv] University of Wisconsin / CISDL. Spoke by video address at third Global Experts Plenary, “Aligning Pandemic Recovery Financing with the Sustainable Development Goals, Human Rights & the UN Declaration on the Rights of Indigenous Peoples: SDG 3 & all SDGs”.

[v] Commonwealth Secretariat. Spoke at second Global Experts Plenary, “Governing Trade, Natural Resources Management & Bioeconomy Development: SDG 2, SDG 14 & SDG 15”.

[vi] CISDL. Chaired first Global Experts Plenary, “Linking Investment & Climate Change through International Law: SDG 7, SDG 9 & SDG 13”.

[vii] To access the United Nations’ descriptions of the SDGs, see “The 17 Goals” (last visited 30 July 2022), online: United Nations <sdgs.un.org/#goal_section>. Climate Action (“Take urgent action to combat climate change and its impacts”) is SDG 13 (ibid).

[viii] SDGs relevant to basic needs include SDG 1, No Poverty (“End poverty in all its forms everywhere”); SDG 2, Zero Hunger (“End hunger, achieve food security and improved nutrition and promote sustainable agriculture”); SDG 3, Good Health and Well-Being (“Ensure healthy lives and promote well-being for all at all ages”); SDG 6, Clean Water and Sanitation (“Ensure availability and sustainable management of water and sanitation for all”): Ibid.

[ix] Several speakers spoke to this, including Sir Chris Greenwood and Adv. Freedom-Kai Phillips.

[x] QC. Twenty Essex / Net Zero Lawyers Association. Spoke at first Global Experts Plenary, “Linking Investment & Climate Change through International Law: SDG 7, SDG 9 & SDG 13”.

[xi] University College London. Spoke at second Global Experts Plenary, “Governing Trade, Natural Resources Management & Bioeconomy Development: SDG 2, SDG 14 & SDG 15”.

[xii] For more information, see “Agreement on Fisheries Subsidies” (accessed 20 July 2022), online: World Trade Organization <www.wto.org/english/tratop_e/rulesneg_e/fish_e/fish_e.htm>.

[xiii] World Trade Organization. Gave video address lecture on “The Contributions of World Trade to the Sustainable Development Goals”, one of the Hon. Justice Charles D Gonthier Memorial Lectures.

[xiv] University of Cambridge / CISDL. Intervenor at third Global Experts Plenary, “Aligning Pandemic Recovery Financing with the Sustainable Development Goals, Human Rights & the UN Declaration on the Rights of Indigenous Peoples: SDG 3 & all SDGs”.

[xv] SDG 6 (“Ensure availability and sustainable management of water and sanitation for all”): see “17 Goals”, supra note 7.

[xvi] UN Rapporteur on Human Rights & the Environment / UBC. Closing video address.

[xvii] University of Cambridge / CISDL. Chaired first Global Experts Plenary, “Linking Investment & Climate Change through International Law: SDG 7, SDG 9 & SDG 13”.

The author would like to thank Dr. Marie-Claire Cordonier Segger, as well as Jasen Erbeznik, for feedback that helped improve this blog post.