Structure and Elements of International Legal Instruments

The document argues against a framework convention for the future plastics treaty, asserting that such a structure would delay concrete action. Instead, it recommends a substantive or hybrid treaty containing binding obligations and technical annexes. By comparing the successes of the Montreal Protocol with the perceived failures of the UNFCCC and Kyoto Protocol, the author highlights that mandatory national targets and efficient amendment processes for annexes are critical for effectiveness. The briefing warns that voluntary provisions and a lack of voting mechanisms in the Conference of the Parties (COP) risk creating an ineffectual 'paper tiger' agreement.

• A framework convention is not recommended for the plastics treaty because it would significantly delay the urgent concrete action required to end plastic pollution.
• The document recommends a substantive treaty with annexes or a hybrid treaty that includes substantive obligations, annexes, and provisions for future protocols to ensure the instrument is fit for purpose.
• Annexes are identified as critical tools for implementing mandatory obligations because they are generally easier to amend than the main treaty text and often do not require full ratification to enter into force.
• Voluntary commitments, such as the Nationally Determined Contributions (NDCs) under the Paris Agreement, are cited as lacking the rigor and accountability needed to drive meaningful environmental action.
• The effectiveness of the Montreal Protocol is attributed to its inclusion of legally binding national schedules and enforcement mechanisms, distinguishing it from the UNFCCC's broader, less prescriptive approach.
• The briefing warns that if the Conference of the Parties (COP) cannot vote on decisions, a small number of states can block the majority and lead to deadlock.

APA

Sky, M. B., & De Anzizu, H. (2024). Structure and Elements of International Legal Instruments. Center for International Environmental Law. https://www.ciel.org/wp-content/uploads/2024/10/Structure-and-Elements-of-International-Legal-Instruments-Key-Considerations-for-the-Future-Plastics-Treaty.pdf

Chicago

Sky, Melissa Blue, and Hélionor De Anzizu. Structure and Elements of International Legal Instruments. Center for International Environmental Law, 2024. https://www.ciel.org/wp-content/uploads/2024/10/Structure-and-Elements-of-International-Legal-Instruments-Key-Considerations-for-the-Future-Plastics-Treaty.pdf.

Wikipedia

{{cite report |last1=Sky |first1=Melissa Blue |last2=De Anzizu |first2=Hélionor |title=Structure and Elements of International Legal Instruments |publisher=Center for International Environmental Law |date=October 2024 |url=https://www.ciel.org/wp-content/uploads/2024/10/Structure-and-Elements-of-International-Legal-Instruments-Key-Considerations-for-the-Future-Plastics-Treaty.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{sky2024structure, author = {Sky, Melissa Blue and De Anzizu, Hélionor}, title = {{Structure and Elements of International Legal Instruments}}, institution = {Center for International Environmental Law}, year = {2024}, month = oct, url = {https://www.ciel.org/wp-content/uploads/2024/10/Structure-and-Elements-of-International-Legal-Instruments-Key-Considerations-for-the-Future-Plastics-Treaty.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }