Published November 20, 2024
By Andrés Del Castillo, Senior Attorney at the Center for International Environmental Law, and Lindsey Jurca Durland, Campaign Specialist at the Center for International Environmental Law
The stakes couldn’t be higher as we enter the final scheduled round of plastics treaty negotiations. From November 25 to December 1, United Nations Member States will convene in Busan, Republic of Korea — will they deliver a treaty that matches the urgency of the plastics crisis?
What’s at Stake
The global plastics crisis poses an escalating threat to the environment, public health, and the economy. Currently, 99 percent of plastics are derived from fossil fuels — the main driver of climate change — and production is on track to triple by 2050, accounting for 20 percent of global oil demand within the next tw
Meanwhile, petrochemical and plastic markets face mounting economic challenges as overcapacity worsens, sustainable investments gain momentum, and regulatory pressures tighten. Despite stagnant demand and an oversaturated market, more than 1,400 new plastic production projects are planned by 2027. With historically low profit margins and warnings from credit rating agencies, economists have cautioned that expanding fossil-fuel-based plastic production is both reckless and economically shortsighted. The Institute for Energy Economics and Financial Analysis (IEEFA) urges a production cap to address market imbalances and mitigate risks to the environment and the economy.
A meaningful global plastics treaty must cap production, stabilize market imbalances, align efforts with climate goals, address inequities, and curb the widespread devastation of plastic pollution, including greenhouse gas emissions.
Where Do Negotiators Begin?
Negotiators will arrive in Busan with nearly 70 dizzying pages of draft text and more than 3,700 unresolved brackets — a signal that there is much divergence on what the treaty should or should not include. While INC Chair Luis Vayas has proposed a “non-paper” to streamline discussions, critics, including CIEL, warn that as it stands, it leaves key treaty provisions without suggested text and sets the stage for a weak and ineffective treaty. CIEL and Break Free From Plastic have put together a streamlined comparison of the non-paper and draft treaty text to inform and guide the negotiations.
Essential Elements of an Effective Plastics Treaty
As negotiations unfold, here are the key components a successful treaty must include:
A Cap on Global Plastic Production with Binding National Targets
Plastic’s toxic impacts permeate every stage of its life cycle. With plastic recycling rates below 10 percent, downstream measures are wholly inadequate to address this crisis. The solution must begin at the source: we need a treaty that caps plastic production. To align with global climate goals, CIEL recommends a minimum 70 percent reduction in plastic production by 2050, using 2019 as a baseline.
A treaty that fails to limit plastic production at its source will not only fall short of its mandate to end plastic pollution — it will fail humanity at a critical juncture. To meaningfully address this crisis, a global reduction target must be paired with ambitious, binding national commitments.
A treaty with a global production target but no binding national obligations risks becoming another ‘Paris-style’ agreement — offering promises while delaying real action. Postponing decisions on national obligations is a dangerous gamble, with no guarantee of success. The first and most critical step toward meaningful reductions is preventing exponential plastic production growth. That’s why the treaty must mandate national measures to halt the expansion of production capacity, particularly for high-volume plastics driving the crisis.
Bans on Chemicals of Concern
Of the 16,000 chemicals used in plastics, more than 4,200 are known to pose serious health and environmental hazards and risks and have been linked to miscarriage, obesity, diabetes, cancer, and more. Nearly 10,000 of them lack adequate data, posing unknown dangers. Following the advice of leading scientists, the treaty must adopt the precautionary principle, globally banning entire classes of hazardous chemicals, mandating transparency, and prioritizing human and environmental safety.
Trade Measures
Plastics are a transboundary issue. Feedstocks, products, and waste flow across global markets, often circumventing regulations. The treaty must establish enforceable measures for tracking and managing trade, including rules for non-party countries that do not ratify, to prevent loopholes and maintain treaty efficacy.
Robust Governance Mechanisms
After the treaty text is finalized and entered into force, a Conference of the Parties (COP) will convene to ensure the treaty’s implementation, monitor progress, and address emerging issues. Future decision-making must avoid the pitfalls of consensus voting, which risks stalling progress. A dynamic treaty must empower regular COPs to swiftly address emerging issues and ensure long-term success by establishing the possibility for qualified majority voting when consensus cannot be reached.
Financial Mechanisms
The treaty must establish a dedicated financial mechanism to support the achievement of its objectives, with a particular focus on assisting low- and middle-income countries. Member States should embrace innovative funding solutions, such as implementing a globally coordinated fee on primary polymer production.
Challenges in Busan
Delay Tactics
As the INCs have already shown, Member States may attempt to dilute ambition and derail progress. These tactics can include a flood of procedural questions, denial of scientific consensus, claims of knowledge gaps, reopening agreed-upon text, and requesting additional information to delay decision-making.
Industry Influence
Fossil fuel and chemical industry lobbyists have infiltrated previous negotiations. According to an analysis by CIEL, the number of lobbyists at INC-4 outnumbered European Union delegates. Strict conflict of interest policies and transparency measures are necessary to ensure that the treaty’s implementation is protected from the vested interests of these industries.
Compromise for Speed
As negotiators feel the pressure of a ticking clock, they may be tempted to scale back ambition, sideline critical topics, or adopt a weak, non-binding framework. Negotiators must balance urgency with ambition to ensure a treaty that meets its mandate.
Trump’s Influence on the Treaty
INC-5 negotiations come just weeks after Trump’s re-election, raising concerns about how this may shape the US delegation’s stance in Busan. Trump has made clear his alignment with an industry that not only undermines climate imperatives but is facing economic decline.
Despite this, most nations have shown a strong commitment to moving away from toxic, polluting plastics. The US negotiating team remains under the Biden-Harris administration’s directive and global negotiators must not let the recent election derail global progress. If the US fails to advocate for an ambitious treaty, they risk being left behind as other countries forge the way.
What the World Needs from INC-5
The final plastics treaty must deliver more than lofty goals. We call on negotiators to deliver real, enforceable solutions that:
- Cap and reduce plastic production to curb plastic pollution at its source.
- Ban hazardous chemicals to protect human and environmental health.
- Establish clear trade and governance measures for efficacy.
- Commit to binding, ambitious national targets that align with human rights and climate goals.
The Moment of Truth
The world cannot afford a weak or voluntary treaty that prioritizes industry interests over human and planetary health. Leaders in Busan must rise to the occasion and deliver the bold, binding agreement we need to tackle the plastics crisis.
Without a robust treaty, we risk locking in decades of escalating plastic production, worsening climate impacts, and irreparable harm to ecosystems and communities worldwide. The time for incremental steps is over. It’s now or never.
The world is watching. Will INC-5 deliver the treaty we deserve?