Initial Reactions to Chair of the Intergovernmental Negotiating Committee’s Third Non-Paper

The document argues that the Chair's third non-paper provides an adequate structure for negotiations at INC-5 but would result in an 'ineffective and useless treaty' if not significantly strengthened. CIEL advocates for replacing voluntary language with legally binding obligations, establishing a dedicated financial mechanism based on the polluter pays principle, and implementing global phase-outs of chemicals of concern. Key recommendations include introducing a freeze on new polymer production capacity, making national plans mandatory, and adopting a qualified majority voting system for the Conference of the Parties to prevent decision-making paralysis.

• The third non-paper is considered an adequate structural basis for the INC-5 negotiations in Busan, but CIEL warns that in its current form, the text would result in an "ineffective and useless treaty" that fails to address the plastic crisis.
• CIEL criticizes the use of non-specific and voluntary language such as "encourage," "cooperate," and "promote," arguing that this lowers the starting point for negotiations and should be replaced with legally binding terms like "shall" and "must."
• Regarding the supply of plastics, CIEL recommends a global reduction target and a freeze on the buildout of new capacity for selected polymers from a specific date, noting that expanding polymer production is unsustainable.
• The briefing argues that chemicals of concern must be regulated through global, legally binding measures and a dedicated provision, rather than voluntary national approaches which shift the burden to importing and manufacturing countries.
• CIEL proposes the establishment of a new dedicated financial mechanism that prioritizes programmatic approaches and includes mandatory contributions from the private sector based on the polluter pays principle.
• To avoid decision-making paralysis at the Conference of the Parties (COP), CIEL urges the adoption of a qualified majority vote when consensus is exhausted, similar to the approach used in the BBNJ negotiation, rather than requiring consensus for rules of procedure.
• The document calls for national plans to be mandatory rather than optional, with required deadlines for submission and mandatory participation of rightsholders in their development and review.

APA

Azoulay, D., Carlini, G., del Castillo, A., de Anzizu, H., Gonzalez, D. D., Radvany, R., & Shah, D. (2024). Initial Reactions to Chair of the Intergovernmental Negotiating Committee’s Third Non-Paper. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2024/11/Initial-Reactions-to-Chair-of-the-Intergovernmental-Negotiating-Committees-Third-Non-Paper.pdf

Chicago

Azoulay, David, Giulia Carlini, Andres del Castillo, Helionor de Anzizu, Daniela Duran Gonzalez, Rachel Radvany, and Dharmesh Shah. Initial Reactions to Chair of the Intergovernmental Negotiating Committee’s Third Non-Paper. Center for International Environmental Law, 2024. https://www.ciel.org/wp-content/uploads/2024/11/Initial-Reactions-to-Chair-of-the-Intergovernmental-Negotiating-Committees-Third-Non-Paper.pdf.

Wikipedia

{{cite report |last1=Azoulay |first1=David |last2=Carlini |first2=Giulia |last3=del Castillo |first3=Andres |last4=de Anzizu |first4=Helionor |last5=Gonzalez |first5=Daniela Duran |last6=Radvany |first6=Rachel |last7=Shah |first7=Dharmesh |title=Initial Reactions to Chair of the Intergovernmental Negotiating Committee’s Third Non-Paper |publisher=Center for International Environmental Law |date=November 2024 |url=https://www.ciel.org/wp-content/uploads/2024/11/Initial-Reactions-to-Chair-of-the-Intergovernmental-Negotiating-Committees-Third-Non-Paper.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{azoulay2024initial, author = {Azoulay, David and Carlini, Giulia and del Castillo, Andres and de Anzizu, Helionor and Gonzalez, Daniela Duran and Radvany, Rachel and Shah, Dharmesh}, title = {{Initial Reactions to Chair of the Intergovernmental Negotiating Committee’s Third Non-Paper}}, institution = {Center for International Environmental Law}, year = {2024}, month = nov, url = {https://www.ciel.org/wp-content/uploads/2024/11/Initial-Reactions-to-Chair-of-the-Intergovernmental-Negotiating-Committees-Third-Non-Paper.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }