Analysis of the Revised Zero Draft of the Plastics Treaty

The Center for International Environmental Law (CIEL) analyzes the Revised Zero Draft of the Plastics Treaty, arguing that the instrument must include legally binding obligations to control primary plastic polymer production and eliminate hazardous chemicals to be effective. CIEL emphasizes the need for a 'shall' rather than 'should' framework, the inclusion of human rights and health dimensions, and the establishment of a dedicated financial mechanism and a robust transparency framework to ensure accountability and a just transition for affected workers and communities.

• The use of the term 'shall' is critical for creating legally binding obligations, whereas 'should' indicates voluntary recommendations; CIEL argues that all substantive obligations in the treaty must be legally binding, specific, and measurable.
• CIEL identifies critical omissions in the Revised Zero Draft, specifically the lack of defined tasks for the governing body and the absence of procedures for amending the treaty and its annexes, which are necessary for a 'start and strengthen' approach.
• The preamble is criticized for failing to recognize that current levels of plastic production and consumption are unsustainable and for omitting specific mentions of human rights and frontline communities.
• Controlling the production of primary plastic polymers is deemed central to the treaty's success, as demand-side measures alone are insufficient to eliminate plastic pollution.
• CIEL advocates for a mandatory requirement to remove subsidies and fiscal incentives for the production of primary plastic polymers, suggesting a phase-out roadmap.
• The treaty must include legally binding obligations to eliminate hazardous chemicals and polymers from the plastics life cycle to prevent 'regrettable substitutions' through a grouping approach.
• CIEL argues against blanket exclusions for certain sectors (such as medical or emergency use), stating that any exemptions must be specific, justified, and temporary to avoid hindering innovation.
• A just transition framework is required that covers the entire plastics life cycle, specifically protecting workers and communities in upstream production stages and recognizing the role of waste pickers.
• Transparency, tracking, and labeling are described as the 'cornerstone' of the treaty; CIEL recommends mandatory disclosures from large and transnational businesses, including the financial sector.
• CIEL recommends the establishment of a dedicated financial mechanism and a Multilateral Fund to provide predictable and adequate resources for developing countries, rather than relying on existing international financial institutions.
• Trade mechanisms, including a comprehensive permitting system and export restrictions on chemicals and polymers of concern, are viewed as essential to prevent non-Party States from undermining environmental progress.
• The treaty should mandate the prevention and elimination of emissions and releases of plastics and related toxic substances throughout the entire life cycle, including those affecting fenceline communities.

APA

Radvany, R., Azoulay, D., Carlini, G., De Anzizu, H., del Castillo, A., Shah, D., Durán, D., Sky, M. B., & Zendejas, C. G. (2024). Analysis of the Revised Zero Draft of the Plastics Treaty. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2024/03/Annotated_Zero_Draft_INC4.pdf

Chicago

Radvany, Rachel, David Azoulay, Giulia Carlini, Helionor De Anzizu, Andrés del Castillo, Dharmesh Shah, Daniela Durán, Melissa Blue Sky, and Carla Garcia Zendejas. Analysis of the Revised Zero Draft of the Plastics Treaty. Center for International Environmental Law, 2024. https://www.ciel.org/wp-content/uploads/2024/03/Annotated_Zero_Draft_INC4.pdf.

Wikipedia

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BibTeX

@techreport{radvany2024analysis, author = {Radvany, Rachel and Azoulay, David and Carlini, Giulia and De Anzizu, Helionor and del Castillo, Andrés and Shah, Dharmesh and Durán, Daniela and Sky, Melissa Blue and Zendejas, Carla Garcia}, title = {{Analysis of the Revised Zero Draft of the Plastics Treaty}}, institution = {Center for International Environmental Law}, year = {2024}, month = mar, url = {https://www.ciel.org/wp-content/uploads/2024/03/Annotated_Zero_Draft_INC4.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }