Round table to discuss selected issues in the development of the international instrument on plastic pollution

On October 25, 2023, the International and Comparative Law Research Center held a round table for the experts from different fields to exchange views on the complex problem of plastic pollution in connection with the development of an international instrument on plastic pollution, including in the marine environment, launched in 2022. According to the UN Environment Assembly Resolution 5/14, the document should be developed by the end of 2024.

Over thirty experts, representatives of state authorities, scientific community, and business, took part in the event.

The Center’s experts presented the results of the recent research, Plastic Pollution: International Legal Regulation and International Treaty to Combat Plastic Pollution: Highlights of the Negotiation Discussion.

Participants discussed the existing international legal regulation related to plastics and plastic pollution, which, as noted in the presentations, already covers certain aspects of plastic pollution and certain types of plastic products.

The depth of plastics life cycle coverage is an important point of debate, especially with regard to the scientific validity of the proposed plastics regulation. Restrictions at early stages of the life cycle may have adverse social and economic impact, primarily on the core industries, while having a negligible impact on the achievement of the “environmental goal” of the new treaty. This was the position of many round table participants, since, in their opinion, the pollution problem lies primarily in improper waste management rather than in plastic production or plastic itself.

In addition, integrating science into the process of developing new regulation is important to find a holistic and robust solution. Most participants noted that the proposed measures do not take into account a comprehensive understanding of the life cycle of plastics and will not strike a balance between environmental protection, economic feasibility, and societal needs. 

In the context of the future treaty, the discussion also touched upon possible restrictions for Russian exporters of polymer products due to the adoption of a comprehensive plastics regulatory system. An opinion was expressed that the expected impact of the new treaty would pose serious risks for polymer producers and the petrochemical industry. However, national extended producer responsibility mechanisms could, in the view of some participants, be an effective measure to combat plastic pollution.

The discussion additionally touched upon the possible contradiction of the international treaty under development with the WTO agreements. Among other things, concerns were expressed regarding the establishment of rules for limiting production and supply through market and price measures, as well as requirements for the elimination of subsidies and other production incentives in such a treaty. These provisions, according to the view expressed, would be inconsistent with the WTO regulation of quantitative restrictions on imports and exports of goods and the WTO approach to subsidies: as a rule, they are allowed if they are not aimed at import substitution and export support. As noted, it would also be contrary to the WTO rules to fix technical characteristics of goods without scientific substantiation.

The effectiveness of the drafting and adoption of a legally binding international treaty also depends on the applicable rules for decision-making during the negotiation process. Such rules have not yet been adopted for the current negotiations, although the draft procedure already emphasizes consensus as the general approach and, if it is not achieved, a two-thirds majority vote. In this regard, different views were expressed on the preference of one or another method of decision-making in given context, as well as on their prevalence in the practice of international negotiations.

The complexity of the problem of plastic pollution obliges a diverse range of stakeholders, especially from the scientific community, to be involved in the negotiation process. The document should be based on existing and emerging scientific evidence on plastic, and should take into account economic, trade, financial, and social implications of the proposed regulation. The round table participants were unanimous that only a thorough elaboration of all aspects of plastic pollution would ensure global support and effectiveness of the future international legal regime.