Dr Robyn MacPherson, Profs Stefan Krause and Aleksandra Čavoški on inability to find consensus in the UN Plastics Treaty and how meaningful process can happen.
Despite the UNEA historical resolution to develop an internationally legally binding instrument that will govern the life cycle of plastics, and five negotiation rounds that took place in the last few years, we are nowhere nearer reaching an agreement that is urgently needed.
The UN Plastics Treaty aims to achieve global consensus on a series of measures that would reduce plastics pollution and its impacts. Its importance is well recognised by being labelled as the ‘Paris Agreement of Plastics’. Negotiations for the Plastics Treaty took place under the auspices of the International Negotiating Committee (INCs) over the last three years. These meetings aimed to achieve consensus across member states on a text for the treaty. However, no agreement was reached during the final negotiation meeting , INC-5.2 held in Geneva. The main obstacle for agreement to be reached were the measures governing the reduction of plastic production and consideration of chemicals of concern often found in plastics.
The lack of ability to achieve global consensus on tackling plastic pollution leaves many nations wondering about next steps to combat the challenges that this unique material presents to our modern society. The Birmingham Plastics Network recognises that the lack of agreement may allow for more time to consider raised concerns rather than adopting weak version of the Treaty. The lack of legally binding measures, while a disappointing outcome for all, does not necessarily hinder national action, and thus those ambitious countries aligned in a “Coalition of the Willing”, such as the United Kingdom, are presented with the opportunity to take independent action and lead the way for innovative and effective sustainable plastics policies.
Thus far, there have been many analyses published considering the main reasons for the lack of agreement on the Treaty, including oil-producing states being unwilling to bend on plastic production, or on the ban and restrictions of certain plastic products. Regardless of the reasons for failure, there is currently no Global Plastics Treaty and there is unlikely to be one for some time now. Therefore, let us look to the future and consider what can be done within likeminded partnerships and coalitions, to contribute to more sustainable plastics futures:
While there were several challenges, the INC negotiations did bring together a number of member states that were pushing for an ambitious treaty. To let these relationships and ambitious slide would be the biggest failure of the treaty. Importantly, this ‘Coalition of the Willing’ includes countries across the global South and North, including almost all European countries, Canada, Australia, Japan, as well as countries such as India, China, Mexico, Senegal, Ghana, and more.
There has been some fluctuation of countries aligned with this group, with its latest constellation being cemented in the Nice Ocean Action Plan at the third United Nations Ocean Conference (UNOC3) in Nice; it will be important to consolidate and grow ‘memberships’ by maintaining strong relationships between these countries and prioritising opportunities to share learning and expertise from plastics pollution reduction strategies taking place globally.
We must continue to apply systemic thinking to incoming national policy interventions, tackling the full lifecycle of plastics from production, to use, re-use, and disposal, avoiding placing too much responsibility on waste management at the end of the value chain. The UK, for instance, has already shown positive steps toward taking this approach and we advocate for the reduction of reliance on virgin plastics production and imports and promoting measures for improved eco-design of plastic products, alongside measures to ban the most harmful plastic products and chemicals.
A key topic that arose within treaty discussions is the ever-growing pool of evidence surrounding human health impacts from plastics and their associated chemicals. The University of Birmingham recently released a report with the WWF which summarised some of the key concerns that must be taken into consideration into a global plastics treaty, and we propose that ‘One Health' approach should be adopted for national level policies and approaches in the treaty’s absence.
Reaching a better understanding of human health exposure risks can help us to alleviate public health concerns, as well as mitigate future economic challenges by ensuring that our National Health Service is prepared, and not unnecessarily over-burdened by plastics-related health concerns in coming years. In addition, implementing the precautionary principle to chemicals and plastics will mean that human health is prioritised and protected.
This is not unprecedented, as the precautionary principle has guided multiple international agreements with great success, notably the 1987 Montreal Protocol, when countries acted decisively on ozone-depleting substances before the science was fully settled, preventing millions of cases of skin cancer and facilitated the restoration of the ozone layer.
Failure of reaching an international consensus on the format and content of the treaty is disappointing as having an international treaty would allow for comprehensive global action. Still, it is key to maintain the significant momentum that has been built over the last couple of years.
Globally, concerned citizens demand environmental and human health risks to be taken seriously.
As suggested in the One Planet report, national and regional governments don’t need to wait for global rules to make a change. Strong domestic policies can reduce immediate risks at the local level as well as pave the way for stronger commitments globally. This is why the Birmingham Plastics Network are working closely with UK Government to provide a robust and independent evidence-based to help inform plastic policy at a national level. One step towards achieving this is through our role as the Secretariat for the newly established All-Party Parliamentary Group for Sustainable Plastics.
If you would like to speak to us more about our work to drive national-level policy in the absence of a globally binding plastics treaty, please email us.
Professor of Ecohydrology and Biogeochemistry
Professor Stefan Krause studies ecohydrology and environmental change, including water systems and plastic pollution.
Professor of Environmental Law
Academic profile of Dr Aleks Cavoski, Senior Lecturer at Birmingham Law School, University of Birmingham
