WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution

This policy brief by the Center for International Environmental Law (CIEL) examines the compatibility of a proposed international legally binding instrument to end plastic pollution with World Trade Organization (WTO) rules. It argues that WTO rules do not prevent the implementation of an ambitious plastics treaty and provides recommendations for drafting treaty provisions to avoid trade disputes.

• WTO rules do not preclude States from implementing trade restrictions or conditions within a plastics treaty. The brief notes that over 250 Multilateral Environmental Agreements (MEAs) currently in force include provisions affecting international trade, and as of May 2023, no WTO member's actions to comply with MEA trade measures have been challenged by another member.
• Trade is identified as a driver of the plastic crisis, as the liberalization of trade in plastic feedstocks, polymers, additives, pellets, products, and waste accelerates production and consumption. Furthermore, trade serves as a "conveyor belt" for the global spread of plastic, microplastic, and nanoplastic pollution.
• Trade-related measures in a plastics treaty could be permitted under Article XX of the General Agreement on Tariffs and Trade (GATT), which provides general exceptions for measures necessary to protect public morals, human, animal, or plant life or health, and the conservation of exhaustible natural resources.
• The use of National Action Plans (NAPs) or Nationally Determined Contributions (NDCs) could lead to trade challenges if they are designed with weak language or based on national priorities rather than clear obligations. To avoid this, compliance mechanisms should be narrowly tailored to elicit quantifiable information and be supported by clear overall provisions such as prohibitions and restrictions.
• To avoid being considered discriminatory or protectionist under GATT, any trade measures applied to non-Party States must mirror the trade measures applicable between Parties to the treaty.
• WTO members may differentiate between polluting and greener products, but they must avoid arbitrary discrimination. The brief suggests establishing clearly defined criteria supported by scientific and technical information to prove the non-discriminatory nature of product listings.
• If compatibility issues with WTO law persist, the treaty could utilize the WTO's ability to issue waivers, which authorize activities that conflict with WTO law in extreme circumstances, citing precedents from the Kimberley Process and the Covid-19 pandemic.

APA

de Anzizu, H., Siegwart, K., & Harrington, A. R. (n.d.). WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2023/05/WTO-Rules-and-Key-Elements_May25_V2-3.pdf

Chicago

de Anzizu, Helionor, Karine Siegwart, and Alexandra R. Harrington. WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution. Center for International Environmental Law, n.d. https://www.ciel.org/wp-content/uploads/2023/05/WTO-Rules-and-Key-Elements_May25_V2-3.pdf.

Wikipedia

{{cite report |last1=de Anzizu |first1=Helionor |last2=Siegwart |first2=Karine |last3=Harrington |first3=Alexandra R. |title=WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution |publisher=Center for International Environmental Law |url=https://www.ciel.org/wp-content/uploads/2023/05/WTO-Rules-and-Key-Elements_May25_V2-3.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{deanzizundwto, author = {de Anzizu, Helionor and Siegwart, Karine and Harrington, Alexandra R.}, title = {{WTO Rules and Key Elements for Consideration in the Context of a Treaty to End Plastic Pollution}}, institution = {Center for International Environmental Law}, url = {https://www.ciel.org/wp-content/uploads/2023/05/WTO-Rules-and-Key-Elements_May25_V2-3.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }