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

The document examines how the proposed international treaty on plastic pollution intersects with global trade, focusing on the transformation of supply chains, the risk of disguised protectionism, and the implementation costs for developing nations. It highlights that the global plastics trade was valued at $1.1 trillion in 2023, with over 78% of plastics traded internationally. The briefing analyzes four key areas: proposed treaty obligations (such as restrictions on chemicals of concern and waste trade), the use of non-discrimination language to prevent arbitrary trade barriers, the fiscal and technical challenges for parties—particularly MSMEs in developing countries—to meet new standards, and the treaty's relationship with other international agreements like the WTO and various Multilateral Environmental Agreements (MEAs). It concludes that trade-related measures under MEAs have historically been compatible with WTO rules.

• Global trade is central to the plastics economy, with 2023 data showing the value of global plastics trade reached $1.1 trillion and more than 78% of produced plastics 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 flows across the plastics life cycle.
• To prevent 'disguised protectionism' and arbitrary discrimination, the INC is exploring the inclusion of non-discrimination language, similar to that found in the GATT 1947 and the Rio Declaration, which allows for the differentiation between polluting and greener products while prohibiting unjustifiable discrimination between trade partners.
• Implementation of trade-related treaty obligations may impose significant fiscal and technical burdens on governments, particularly those lacking quality and conformity assessment infrastructure or trained personnel for border monitoring.
• Micro, small, and medium-sized enterprises (MSMEs) in developing countries are identified as particularly vulnerable to the costs of complying with new product criteria and technical requirements due to limited access to financing and technology.
• Despite concerns that trade-related obligations in a plastic pollution treaty might conflict with WTO law, 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_V2_FINAL.pdf?dm=1754477756

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_V2_FINAL.pdf?dm=1754477756.

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=5 August 2025 |url=https://lyrical-cormorant.files.svdcdn.com/production/assets/images/Publications/Trade-in-INC-5.2_TESS_V2_FINAL.pdf?dm=1754477756 |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_V2_FINAL.pdf?dm=1754477756}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }