Division between a large camp of ambitious nations and a small group of petrochemical states is threatening to derail a legally binding instrument on marine plastic pollution
The likelihood of agreement on a global plastics treaty, and along with it a maritime plastics treaty, is in jeopardy as negotiations have hit an impasse over the ambition contained in the text of the so-called ’international legally binding instrument’ that would form the treaty.
On the spot reports issued by IISD Earth Negotiations Bulletin reveal a host of significant issues that remain divisive for the 184 countries involved in the negotiations.
History of the talks
In March 2022, at the resumed fifth session of the United Nations Environment Assembly (UNEA‑5.2), member states adopted a resolution titled End plastic pollution: towards an international legally binding instrument, which mandated the UN Environment Programme (UNEP) executive director to convene an Intergovernmental Negotiating Committee (INC) to develop and adopt “a legally binding instrument on plastic pollution, including in the marine environment” based on “a comprehensive approach that addresses the full lifecycle of plastics”.
The INC convened five sessions between late 2022 and 2024 – including in Punta del Este, Paris, Nairobi and Ottawa – and during its fifth session in Busan in December 2024, was unable to conclude negotiations; instead, delegates agreed the Chair’s text released on 1 December 2024 would serve as the basis for a resumed session in August 2025 in Geneva.
Overall trajectory towards an international legally binding instrument
Across the negotiations over several days, there has been steady drafting activity but few transmissions of agreed text to the legal drafting body.
Delegations have converged on the need for a standalone article addressing existing plastic pollution and kept live options for a financial mechanism and a co-operation mechanism for states, but the scope of the potential treaty has remained polarising.
Intergovernmental Negotiating Committee chair Luis Vayas’ warning of “insufficient progress” at stocktaking encapsulates the week’s balance of effort and outcome.
Mr Vayas produced a draft proposal text for the treaty on 13 August, based on his consensus reading of inputs from the countries involved. Reactions to the draft were marked by frustration from both the high ambition coalition of countries who want curbs on plastic production and from the so-called ’like-minded group’ of mostly petrochemical producing nations who want a focus on recycling plastic waste and voluntary as opposed to compulsory measures.
The high ambition coalition of 80-plus countries forcefully rejected the draft proposal text and the ’like-minded countries’ took issue with the ambition of the scope of the text, leaving talks at an impasse. Mr Vayas proposed smaller, informal meetings of delegates, which continued through 14 August.
Per IISD’s reports, “INC Chair Luis Vayas (Ecuador) opened the plenary meeting initially scheduled at 3:00 pm at 11:36 pm. He reported that as consultations were still ongoing, plenary would reconvene on 15 August, at a time to be determined. He adjourned the meeting at 11:37 pm.”
–Reporting by Craig Jallal and Jamey Bergman
