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

A new global agreement on marine plastic pollution?

4.3 Establishing institutional structures and other collective arrangements

stipulate the establishment of subsidiary bodies (sometimes called “committees”), for example on science and technology and/or implementation, as well as, in some instances, a financial mechanism. Different institutional structures serve different purposes, but common to them all is that they form part of a collective effort to promote and facilitate the achievement of the agreement’s overarching purpose. One of the key challenges in achieving that purpose is to ensure participation and compliance among States. As noted in Section 3, there are a number of strategies available for promoting participation and compliance, and several of them are related to the establishment of institutional structures and other collective arrangements. Another challenge is to ensure complementarity with existing regional and global legal instruments and mechanisms regulating aspects of marine plastic pollution (see Figure 4). In general, a certain degree of overlap between legal instruments is not a problem, as long as the obligations are complementary and not in conflict with each other. In the institutional design of a new agreement, however, it will be important to stipulate as concretely as possible how the new collective arrangements will relate to collective arrangements established under existing agreements, so as to increase synergies and avoid duplication of efforts.

A third possible step in efforts to explore the option of a new global agreement could be to consider how the achievement of the agreement’s purpose might be facilitated through the establishment of institutional structures and other collective arrangements. How should States interact in order to ensure that the issue of concern is addressed? What sorts of mechanisms or multilateral institutions would be required in order to generate confidence in compliance among the States parties? How would progress towards the long-term goal be monitored? In the context of the AHEG, there has been frequent reference to the need to improve the coordination of ongoing efforts to address the issue of marine plastic pollution. There have also been specific discussions about a possible technical and financial mechanism, and about how to take stock of and assess the effectiveness of existing actions and activities. 86 The importance of strengthening the scientific knowledge about the issue has also been frequently noted. Most multilateral agreements establish some form of institutional structure or other collective arrangements. These include, at a minimum, a COP and a secretariat. In addition, many agreements

86 See in particular UNEP/AHEG/2019/3/6. Inspiration may, in this respect, be drawn from work done on improving aid effectiveness, including through follow-up of the 2005 Paris Declaration.

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