Ending Plastic Pollution: Inside the Negotiations for the UN Plastics Treaty

By Jessica Boswell

Jessica Boswell is a recent graduate of the University of California, Santa Barbara, and an intern with the International Marine Mammal Project. While pursuing her Bachelor’s degree in Environmental Studies, she co-founded the UCSB Environmental Law Club and worked as a research assistant studying community ecology on the Palmyra Atoll. With aspirations to attend law school in the near future, Jessica hopes to become a dedicated advocate for marine animals.

With mounting pressure to confront the pervasive issue of plastic pollution, the United Nations emerges as a beacon of hope, working towards a landmark treaty that would signify a major step in reducing both plastic production and pollution, as well as the greenhouse gasses emitted by its manufacture. Plastics are a product of the oil and natural gasindustries, so curtailing fossil fuel extraction, which generates severe climate costs, must be part of the treaty. Yet, with the fossil fuel industry pushing for increased plastic production, the question remains: will global cooperation prevail in time to save our oceans?

In early 2022, member state representatives met in Nairobi at the 5th session of the United Nations Environmental Assembly. There, delegates of 175 countries, including the United States and the European Union, committed to developing an international treaty to hold countries legally accountable for their contributions to the plastic crisis.

There is no doubt that plastics pose a grave risk to marine mammals and our oceans worldwide. According to The Plastics Plague: Marine Mammals and Our Oceans in Peril, published by the International Marine Mammal Project (IMMP) of Earth Island Institute in 2022, entanglement in plastic fishing gear leads to slow, painful deaths for hundreds of thousands of marine animals every year. Even if an entangled animal manages to free itself, the sheer exhaustion and sustained injuries may still prove fatal.

The direct ingestion of plastics also presents a serious concern for marine species. When marine mammals fill their stomachs with indigestible plastic material, leaving no room for food, they slowly starve to death. Plastics contain any mix of more than 16,000 chemicals, many of which are toxic, such as flame retardants, and can harbor bacteria, that can kill marine animals upon consumption or severely impair their cognition. The consumption of plastic pollution can also result in suffocation, pierced stomachs, and severe internal organ damage.

Recognizing the immediate need for action to save our marine environment, the world has come together to produce a tangible, cooperative agreement to curb this crisis. The proposed global treaty is intended to address every life stage of plastics. The mechanisms to achieve this are not entirely clear yet, but the current draft of the treaty discusses waste management programs, trade restrictions, and improved product design.

IMMP had the opportunity to speak to Jen Fela and Erica Cirino from the Plastic Pollution Coalition (PPC), a sister project of IMMP at Earth Island Institute. Fela and Cirino are actively engaged in the negotiation process, advocating on behalf of the marine environment and the human communities disproportionately bearing the costs of plastic pollution. They believe the success of this treaty is contingent on addressing the root of the problem: fossil fuels, with specific considerations for environmental justice.

The degree to which the treaty addresses fossil fuel production is largely determined by the definition that policymakers apply to the “full life cycle of plastics”. PPC is advocating for an approach that begins at the very start of plasticproduction, when fossil fuels are extracted from the earth. “We are making way too much plastic in the world…there has to be a limit on plastic production,” says Fela. PPC is concerned that a treaty focusing on downstream plastic management, like dubious recycling promises, will be entirely ineffective at mitigating the crisis at hand.

In conjunction with their focus on production, PPC has been proactive in incorporating the experiences of underserved low-income, rural, Indigenous, Black, and People of Color communities, that are disproportionately affected by plastics, into this treaty.

“It is really important to keep in mind that plastic harms all people, but it harms some people more than others,” notes Cirino. PPC will continue advocating for tangible efforts to reduce this burden at the next round of negotiations.

On Monday, IMMP sent 200+ copies of its report on the impacts of plastics on marine mammals and other ocean life to treaty negotiators and is advocating that strong restrictions on plastic fishing gear be included in the treaty as well. It is estimated that 300,000 marine mammals die from entanglement in plastic fishing gear every year, but restrictions on the fishing industry are difficult to implement and regulate. This is why IMMP’s report also calls for robust national and international enforcement. The current treaty draft contains a section dedicated to fishing gear. but it is far from comprehensive or strict, meaning any enforcement may prove ineffective at producing the results we need to protect marine mammals.

IMMP recently contacted the treaty delegates, urging delegates to “address the use of plastic fishing gear while fishing, as well as disposal and prevention of loss of fishing gear. Some such gear types should be modified or used differently; other gear should be banned globally due to impacts on nontarget species.”

Historically, enforceability has posed a challenge for international environmental cooperation. Enforcement mechanisms are often intentionally watered down because harsh punishments may dissuade some countries from voluntarily signing onto the treaty or engaging in any enforcement of treaty terms. PPC and IMMP hope to see stringent reporting requirements included in the final treaty, but according to the latest draft, lawmakers still haven’t decided on the specifics of compliance and enforcement.

Despite this, Fela and Cirino are hopeful that the national and local regulations implemented in the months and years following ratification of the plastics treaty will be the real drivers of change. Enforcement on a smaller scale is far more manageable and effective and, according to PPC’s Global Plastic Laws Database, many of the countries involved in negotiations currently have no national laws regarding plastic production, use, or disposal. This treaty will require these countries to engage in legislative action within their borders to meet international standards, allowing for closer monitoring and enforcement.

The fourth round of negotiations in April will be hosted in Ottawa, Canada, following previous sessions in Uruguay, Paris, and Nairobi, where government, industry, and nonprofit representatives will continue hashing out the details of the treaty. The presence of industry giants and fossil-fuel-reliant countries in the negotiations makes this an uphill battle for environmental advocates, but Fela and Cirino insist that individual and community support can make a difference at the negotiating table.

Signing global and national petitions, lobbying representatives, and donating to organizations on the front lines of this fight like the PPC, Fenceline Watch, or Society of Native Nations can give nonprofits the extra push they need to challenge the fossil fuel and plastic industry.

As we await the outcome of the negotiations and push national governments towards taking strong measures to control plastic pollution, hope lingers that collective action will be enough to save our marine mammals, frontline communities, and planet from the suffocating grasp of plastics.

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The International Marine Mammal Project (IMMP) is in the forefront of efforts to protect whales and dolphins and their ocean homes around the world. Your support is key to protecting dolphins and whales from plastics at sea. Please donate to protect our oceans. Thank you!