Annotated Zero Draft of the Plastics Treaty

The Center for International Environmental Law (CIEL) analyzes the Zero Draft of the plastics treaty, arguing for legally binding obligations ('shall' instead of 'should') and a full life cycle approach. CIEL identifies critical gaps in the draft, including the absence of human rights protections, a lack of clear tasks for the governing body, and the need for a production capacity freeze to prevent the lock-in of plastic production. The analysis advocates for global reduction targets for primary plastic polymers, the elimination of chemicals of concern, and the establishment of a global plastic pollution fee to fund implementation, particularly for developing countries, SIDS, and least developed countries.

• CIEL emphasizes that the choice of operative verbs is critical for the treaty's legal strength, noting that "'Shall' generally indicates that the provision creates a legal obligation, while 'should' indicates a recommendation, or a voluntary action."
• The analysis identifies three major missing elements in the Zero Draft: a clear definition of tasks for the governing body, procedures for amending the treaty and its annexes to allow for a "start and strengthen" approach, and the inclusion of human rights, as "plastics impact human rights at every stage of their life cycle."
• Regarding primary plastic polymers, CIEL argues that the treaty must include a "production capacity freeze" to halt the expansion of infrastructure, warning that without it, "current expansion will lock in production for decades."
• CIEL recommends that the reduction of primary plastic polymers include both "fossil-based and bio-based feedstocks" to prevent the replacement of fossil polymers with bio-based ones, which could lead to "massive impacts on land use and the rights of Indigenous Peoples".
• The analysis advocates for a "grouping approach" when managing chemicals of concern to prevent "regrettable substitutions," where harmful chemicals are replaced by closely related substances that are equally or more harmful.
• CIEL argues that the treaty should adopt a permit system rather than a Prior Informed Consent (PIC) procedure for trade, asserting that "PIC procedures are weaker than permits" because the level of scrutiny can vary based on a state's capacity and resources.
• The document suggests that the treaty should include a "Non-Party Trade Provision" to ensure that obligations applied between Parties also apply to trade with non-Parties, preventing loopholes in compliance.
• CIEL proposes that the financial mechanism include a "global plastic pollution fee" paid by polymer producers to hold them accountable for pollution costs and to generate revenue for waste management and clean-up.
• The analysis stresses that a "just transition" must be integrated throughout the entire plastic life cycle, not just at the waste stage, specifically addressing workers and communities in "upstream stages of the plastics life cycle."

APA

Azoulay, D., Carlini, G., De Anzizu, H., del Castillo, A., Durán, D., Alvarez, D. L., Shah, D., & Radvany, R. (2023). Annotated Zero Draft of the Plastics Treaty. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2023/11/Annotated-Zero-Draft_FINAL.pdf

Chicago

Azoulay, David, Giulia Carlini, Helionor De Anzizu, Andrés del Castillo, Daniela Durán, Delphine Levi Alvarez, Dharmesh Shah, and Rachel Radvany. Annotated Zero Draft of the Plastics Treaty. Center for International Environmental Law, 2023. https://www.ciel.org/wp-content/uploads/2023/11/Annotated-Zero-Draft_FINAL.pdf.

Wikipedia

{{cite report |last1=Azoulay |first1=David |last2=Carlini |first2=Giulia |last3=De Anzizu |first3=Helionor |last4=del Castillo |first4=Andrés |last5=Durán |first5=Daniela |last6=Alvarez |first6=Delphine Levi |last7=Shah |first7=Dharmesh |last8=Radvany |first8=Rachel |title=Annotated Zero Draft of the Plastics Treaty |publisher=Center for International Environmental Law |date=November 2023 |url=https://www.ciel.org/wp-content/uploads/2023/11/Annotated-Zero-Draft_FINAL.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{azoulay2023annotated, author = {Azoulay, David and Carlini, Giulia and De Anzizu, Helionor and del Castillo, Andrés and Durán, Daniela and Alvarez, Delphine Levi and Shah, Dharmesh and Radvany, Rachel}, title = {{Annotated Zero Draft of the Plastics Treaty}}, institution = {Center for International Environmental Law}, year = {2023}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2023/11/Annotated-Zero-Draft_FINAL.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }