Exploring the Option of a New Global Agreement on Marine Plastic Pollution – A Guide to the Issues

Executive summary

• The process of exploring the option of a new global agreement on marine plastic pollution could be guided by asking three basic questions: (1) how should the issue of main concern be formulated and understood?; (2) how should the goals, principles, and rules aimed at tackling that issue be articulated?; and (3) what kind of supporting provisions, including in the form of institutional structures, would be required in order to catalyse the effective implementation of the agreement? • The four UNEA resolutions adopted on the issue since 2014 have framed the problem as one pertaining to plastic in the marine environment, and this could be seen as the default option going forward. Some Member States, however, have indicated that the thematic scope of the new agreement might be expanded to include all plastic pollution, not just the marine type. In considering this option, and in the deliberations about how the issue should be framed, it would be useful to keep in mind that, traditionally, the purpose of international law has been to regulate transboundary issues. • The elaboration of a new global agreement on marine plastic pollution can be understood

as an attempt to solve a collective action problem , and this typically involves a number of challenges related to coordination and cooperation. This begins with the articulation of a convincing rationale for why a new agreement is needed, focusing on the transboundary properties of the issue of concern. Other typical challenges include the identification of the most effective and appropriate regulatory interventions and the design of mechanisms and treaty provisions that promote participation and compliance. • When exploring possible elements and provisions of a new global agreement, States can draw inspiration from a long list of existing international agreements that in various ways – and with varying degree of success – have aimed to tackle issues of transboundary concern. In doing so, it might be particularly relevant to examine how the core provisions of other agreements have been articulated; how uncertainty and ability to adapt to changing circumstances have been dealt with; how confidence in compliance has been secured; how asymmetries have been taken into consideration; and how critical mass of support has been secured.

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