Trade-Related Considerations in the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment

This briefing note by the Forum on Trade, Environment, & the SDGs (TESS) examines trade-related considerations within the Intergovernmental Negotiating Committee (INC) process to develop a legally binding international instrument on plastic pollution. It analyzes how proposed treaty obligations—such as restrictions on certain plastics and waste trade controls—intersect with international trade law, the risk of protectionism, and the implementation capacities of developing nations.

• Global plastics trade is immense, with a value of $1.1 trillion in 2023, and over 78% of all plastics produced were traded internationally.
• The INC is considering several provisions with direct trade implications, including restrictions on the production and trade of specific plastic products and chemicals of concern, controls on plastic waste trade, product design requirements, and mandatory reporting on trade data across the plastics life cycle.
• There is a significant push for common global rules to replace the current 'patchwork' of disjointed national regulations, which includes 808 new laws since 2008 according to the Global Plastic Laws database.
• To prevent 'disguised protectionism' and arbitrary discrimination, the INC is debating whether to include non-discrimination language similar to GATT Article XX, which specifies that measures should not be a 'means of arbitrary or unjustifiable discrimination' or a 'disguised restriction on international trade.'
• Implementation of trade-related treaty obligations may impose high fiscal and administrative costs on governments, particularly regarding border monitoring, certification, and conformity assessment infrastructure, which may be lacking in some countries.
• Micro, small, and medium-sized enterprises (MSMEs), especially in developing countries, may struggle to meet new technical requirements in export markets due to a lack of affordable financing or technology to transform production processes.
• While some INC members argue that trade-related obligations in an environmental treaty might conflict with WTO rules, the document notes that no trade measure taken under a Multilateral Environmental Agreement (MEA) has ever been found to be contrary to WTO rules.

APA

Forum on Trade, Environment, & the SDGs (2025). Trade-Related Considerations in the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment. https://lyrical-cormorant.files.svdcdn.com/production/assets/images/Publications/Trade-in-INC-5.2_TESS_Aug-8_Final.pdf?dm=1754650007

Chicago

Forum on Trade, Environment, & the SDGs. Trade-Related Considerations in the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment. 2025. https://lyrical-cormorant.files.svdcdn.com/production/assets/images/Publications/Trade-in-INC-5.2_TESS_Aug-8_Final.pdf?dm=1754650007.

Wikipedia

{{cite report |author=Forum on Trade, Environment, & the SDGs |title=Trade-Related Considerations in the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment |date=8 August 2025 |url=https://lyrical-cormorant.files.svdcdn.com/production/assets/images/Publications/Trade-in-INC-5.2_TESS_Aug-8_Final.pdf?dm=1754650007 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{forumontradeenvironmentthesdgs2025traderelated, author = {{Forum on Trade, Environment, \& the SDGs}}, title = {{Trade-Related Considerations in the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment}}, institution = {Forum on Trade, Environment, \& the SDGs}, year = {2025}, month = aug, url = {https://lyrical-cormorant.files.svdcdn.com/production/assets/images/Publications/Trade-in-INC-5.2_TESS_Aug-8_Final.pdf?dm=1754650007}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }