Final provisions — the technical provisions that help describe how a treaty will enter into force, be ratified, and undergo future revisions — are critical for a future treaty’s success. The brief Final Provisions of International Legal Instruments: Key Considerations for the Future Plastics Treaty provides insight and analysis into how multilateral environmental agreements, including the United Nations Framework Convention on Climate Change, Basel Convention, and Convention on Biological Diversity have addressed final provisions and it offers takeaways for negotiators working on the future plastics treaty.
During the fourth meeting of the intergovernmental negotiating committee to advance the future plastics treaty (INC-4) in Ottawa, Canada, the working group that focuses on the treaty’s implementation prepared a list of final provisions to be included in the ‘compiled revised zero draft’ of the treaty text.
Given that there is one scheduled meeting of the INC remaining (INC-5 in Busan, Republic of Korea, in November 2024), this brief aims to highlight key final provisions that determine the adaptability and effectiveness of the treaty over time:
- amendments to the treaty;
- adoption, amendment, and adjustment of annexes;
- entry into force; and
- reservations.
The brief also discusses other potential topics that, depending on the structure of the future plastics treaty, may need to be considered as part of the final provisions, such as the adoption and amendment of protocols and the treatment of non-parties.
(published on October 1, 2024)