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This briefing by the Center for International Environmental Law (CIEL) examines the role of non-party trade provisions in Multilateral Environmental Agreements (MEAs) to provide guidance for the development of a future international treaty to end plastic pollution. It argues that trade restrictions on non-parties are essential to incentivize ratification, prevent 'free-riding', and ensure the overall effectiveness of environmental treaties.

This document is an address by Aaron Cosbey of the International Institute for Sustainable Development (IISD) delivered to the 49th Session of UNCTAD’s Trade and Development Board on September 25, 2012. Cosbey argues that the outcomes of the Rio+20 conference are insufficient for guiding states through the trade tensions arising from the transition to a green economy. He highlights the conflict between the use of green industrial policies—such as subsidies and local content requirements—and their impact on the multilateral trading system, particularly for developing countries. Cosbey calls for a non-legal, non-negotiating framework, potentially led by UNCTAD, to determine the propriety and effectiveness of these measures before they escalate into formal trade disputes.