The first session of the UN negotiations for a Global Plastics Treaty concluded in Uruguay in December 2022, which could be the single most important international environmental law treaty of the century. The treaty, which would aim to limit plastic production and use, could have an overarching effect on biodiversity and climate. While the treaty is still in its preliminary stages of negotiation, the effect it could have on the nation-states and their economies is quite interesting and could alter how they engage in diplomacy and geopolitical relationships henceforth. Moreover, it would also test many nations’ commitment to international environmental law and top plastic polluters who contribute to their economies.
The UN Environment Assembly had decided to convene to forge a legally binding international agreement to end plastic pollution earlier in 2022. The first Intergovernmental Negotiating Committee (INC) has enlisted top plastic producers and oil producers are stakeholders in the negotiations. However, what has caught the international communities’ attention is the role Asia would play in the plastic treaty negotiations. Asia’s largest plastic producers, namely China, India, Japan and Saudi Arabia, were among the 175 United Nations member states that expressed their approval of creating the global plastics treaty by 2024. But can these Asian nations really commit to a Plastic Treaty without recuperation to their economies?
China seems to have overtly committed to the plastic treaty, which is in line with their ‘Five-year Action’ Plan to control plastic pollution by 2025. However, China accounts for 32 per cent of global plastic production in 2021. While China has commented further about the treaty, the I initial enthusiasm can be attributed to the nature of the Global Plastic Treaty. On the surface level, the treaty may look like it is competent to address the global plastic problem, but in reality, it leans toward banning plastic bags, littering and recycling. However, the treaty needs to address curbing top producers of plastic from polluting the environment. However, in the initial session, these actors (plastic polluters, petrochemical giants and fossil fuel companies) were given equal stakes as victims of plastic pollution, a stand the international environmental law community has rebuked. The treaty must gauge the history of environmental pollution by corporations and multinational companies, and nation-states that support this. The readiness of nation-states who are top producers and suppliers of plastic to support a global plastic treaty, in fact, is more concerning. It points to an effort to create a fluke treaty without actually addressing the effect of plastic on the planet. The negotiation committee must strictly scrutinize the role of polluters such as Coca-Cola Company and PepsiCo, among many and must hold states that facilitate these companies to pollute accountable for the havoc. How the work of the High Ambition Coalition, which consists of over 40 countries, including EU members, Switzerland, host Uruguay and Ghana, aims for a treaty based on mandatory global measures, including curbs on production.
If a strong global plastic treaty surfaces, many countries that extend support today might withdraw it due to the impact of plastic on their economies. To achieve this, the committee must first stop negotiating with oil and plastics industry lobbyists as equal shareholders and address the impact of consumerism on the planet. Secondly, the treaty must place sanctions on nation-states that fail to take measures and legislation to address consumerism and capitalism. The High Ambition Coalition must take the initiative to keep track of these nations as well as polluters and hold them accountable to the extent of their contribution. However, lobby groups aim to hijack the treaty to render it an ineffective piece of the treaty body. Here, the international community must continue to exert pressure on the negotiation committee to draft a strong treaty addressing the real issues of plastics.
The havoc plastics have caused on the environment is horrendous. However, international law has presented nation-states with a unique opportunity to redeem nature before plastic engulfs the planet. The is important that the international community reminds decision-makers what is at stake.
By The European Institute for International Law and International Relations.
