CSS Offers Draft Plastics Treaty to INC-5.2

Plastics pollution poses an extreme threat to all life on Earth. There is no corner of the globe not impacted. Microplastics are now in the human brain and organs and the brains of many other species. It is in the clouds, rain and snow. It is in the deepest part of the ocean. The Great Pacific Garbage Patch is now much larger than the state of Texas. 

It is imperative that all nations immediately reduce plastics pollution before it condemns all life on Earth to oblivion, and most delegates to the 2nd Part of the 5th Session of the Intergovernmental Negotiating Committee to Develop an International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment (INC-5.2) understand this and are doing their best to reach a consensus for a draft treaty. However, as of August 6, 2025, after more than 5 years of failure to draft a treaty, and given the continued obstruction by challenges posed by differing national interests, it is time to prevent continued failure and produce a draft treaty. 

Climate Survival Solutions respectfully submits the following proposed draft treaty in the hope (however futile) that it might in some way encourage some progress by delegates. It was written with the assistance of LLM AI Grok. It is understood that delegates are probably well past the point where this draft could be of value and must continue the protracted and difficult process they follow. 

International Legally Binding Instrument on Plastic Pollution, Including in the Marine Environment

Preamble

The Parties to this Convention,

Recognizing the urgent need to address the global crisis of plastic pollution, which affects human health, ecosystems, biodiversity, and the climate, particularly in marine, terrestrial, and atmospheric environments, 

Noting that plastic pollution arises from the full life cycle of plastics, including extraction of raw materials, production, design, consumption, waste management, and leakage into the environment, 

Acknowledging the significant contributions of plastics to society while emphasizing the imperative to transition to sustainable alternatives and circular economies to minimize harm, 

Affirming the principles of the Rio Declaration on Environment and Development, including common but differentiated responsibilities and respective capabilities, the precautionary approach, polluter pays, and intergenerational equity, 

Emphasizing the need for a comprehensive, science-based approach that incorporates best available knowledge, including traditional and indigenous knowledge, and promotes just transitions for affected workers and communities, especially in developing countries and small island developing states, 

Recalling relevant international agreements such as the Basel, Rotterdam, and Stockholm Conventions, the United Nations Framework Convention on Climate Change, and the Convention on Biological Diversity, and seeking synergy among them, 

Committed to ending plastic pollution by 2040 through mandatory global measures, equitable financing, technology transfer, good governance, public education and capacity-building, Have agreed as follows:

Article 1: Objective

The objective of this Convention is to protect human health and the environment from plastic pollution, including in the marine environment, by preventing, reducing, and eliminating plastic pollution throughout its full life cycle, based on a comprehensive approach that promotes sustainable production and consumption, circularity, and the phase-out of harmful practices.

Article 2: Definitions

For the purposes of this Convention:

(a) "Plastic" means a material consisting of synthetic or semi-synthetic polymers, including additives, that can be shaped or molded under heat or pressure.
(b) "Plastic pollution" means the presence of plastics, microplastics, or related chemicals in the environment that adversely affects ecosystems, wildlife, human health, or socio-economic systems, arising from any stage of the plastic life cycle.
(c) "Full life cycle of plastics" includes extraction of raw materials, production, design, manufacturing, distribution, use, reuse, recycling, waste management, and end-of-life disposal or leakage.
(d) "Chemicals of concern" means substances used in plastics that are persistent, bioaccumulative, toxic, or otherwise hazardous to human health or the environment, as identified in Annex A.
(e) "Primary plastic polymers" means virgin polymers produced from fossil fuels or other non-renewable sources.
(f) "Extended producer responsibility (EPR)" means a policy approach under which producers bear significant responsibility for the treatment or disposal of post-consumer products.
(g) "Just transition" means ensuring equitable socio-economic outcomes for workers and communities affected by shifts away from plastic-dependent industries.

Additional definitions may be adopted or amended by the Conference of the Parties (COP) as necessary.

Article 3: Scope

This Convention applies to all aspects of plastic pollution, including production, design, trade, use, waste management, and remediation, without prejudice to national sovereignty or existing international obligations.

Article 4: Principles and Approaches

Parties shall be guided by:

(a) The precautionary principle, taking action to prevent harm even in the absence of full scientific certainty.
(b) Polluter pays principle, ensuring those responsible for pollution bear the costs.
(c) Common but differentiated responsibilities, with developed countries providing leadership and support to developing ones.
(d) Promotion of circular economy principles, prioritizing reduction, reuse, refurbishment, remanufacturing, and recycling over disposal.
(e) Integration of human rights, gender equality, and indigenous peoples' rights in implementation.
(f) Use of best available science, technology, and traditional knowledge.

Article 5: Reduction of Primary Plastic Polymer Production

    1. Parties shall collectively reduce global production of primary plastic polymers by at least 50% from 2020 levels by 2030 and 90% by 2040, with binding national targets based on historical responsibility and capabilities.
    2. Developed country Parties shall achieve deeper cuts and provide financial and technological support to developing countries to meet their targets.
    3. Parties shall prohibit new investments in fossil fuel-based plastic production facilities after 2028, except for essential medical or safety applications.
    4. The COP shall establish a global cap-and-trade system for primary plastic polymers, monitored through transparent reporting.

Article 6: Chemicals and Polymers of Concern

    1. Parties shall prohibit the manufacture, sale, import, or export of plastics containing chemicals listed in Annex A (e.g., persistent organic pollutants, endocrine disruptors).
    2. Annex A shall be updated by the COP based on scientific assessments, with a review mechanism every five years.
    3. Parties shall phase out problematic polymers (e.g., PVC, polystyrene) by 2035, promoting safer alternatives.
    4. Transparency in chemical composition shall be mandatory, with labeling requirements for all plastic products.

Article 7: Product Design and Performance Standards

    1. Parties shall mandate eco-design criteria for plastic products, ensuring they are durable, reusable, repairable, and recyclable, minimizing single-use items.
    2. By 2030, at least 70% of plastic packaging shall be reusable or compostable, with bans on unnecessary single-use plastics (e.g., straws, bags, cutlery) as listed in Annex B.
    3. Standards for microplastic release (e.g., from tires, textiles) shall be established, with reduction targets.
    4. The COP shall adopt harmonized global standards to facilitate trade and compliance.

Article 8: Extended Producer Responsibility (EPR)

    1. Parties shall implement mandatory EPR schemes, requiring producers to finance and manage the collection, recycling, and safe disposal of their products.
    2. EPR shall cover the full costs, including environmental remediation, with modulated fees based on product sustainability.
    3. Multinational corporations shall comply across borders, with joint liability for affiliates.
    4. Small and medium enterprises in developing countries may receive exemptions or support.

Article 9: Waste Management and Remediation

    1. Parties shall establish comprehensive waste management systems to achieve zero plastic leakage into the environment by 2040, with a focus on developing solid waste programs in regions lacking infrastructure, particularly in developing countries, and ensuring national oversight to address local governance failures.
    2. Measures include:
        ◦ Universal access to collection and recycling services, including curbside pickup for segregated waste and recyclables, with national standards to prevent subnational variations due to corruption or ineptitude.
        ◦ Bans on landfilling and open burning of plastic waste.
        ◦ Promotion of reuse and refill systems, including incentives for converting waste materials (e.g., oils) into sustainable alternatives like biofuels.
        ◦ Development of local governance structures for waste management, supported by international technical assistance and national monitoring.
    3. Parties shall remediate existing plastic pollution hotspots, with international cooperation for transboundary issues, prioritizing vulnerable ecosystems in developing nations.
    4. Reporting on waste generation and management shall be mandatory, with public disclosure to foster accountability and deter corruption.

Article 10: Emissions and Releases

    1. Parties shall prevent and minimize emissions of plastics and related pollutants into air, water, and soil throughout the life cycle.
    2. Specific measures include filters on industrial effluents, stormwater management, and agricultural practices to reduce microplastic runoff.
    3. Monitoring and reporting of emissions shall be standardized globally.

Article 11: Trade Measures

    1. Trade in plastics shall comply with this Convention, with restrictions on non-compliant products.
    2. Parties may adopt border measures to enforce standards, consistent with WTO rules.
    3. Cooperation on trade facilitation for sustainable alternatives is encouraged.

Article 12: Financing

    1. A Global Plastic Pollution Fund shall be established, financed by contributions from developed countries (at least $100 billion annually), fees on primary plastic production and collection of deposits for beverage containers from end-users.
    2. Funds shall support implementation in developing countries, including capacity-building, technology transfer, and just transitions.
    3. Private sector involvement, including through EPR, shall supplement public finance.
    4. The Fund shall be administered by a dedicated body under the COP, ensuring equitable access.

Article 13: Awareness, Education, and Public Participation

Parties shall implement public education programs to raise awareness about the impacts of plastic pollution, promote cultural shifts toward responsible consumption and disposal, and discourage littering through community engagement and enforcement of anti-littering laws.

Measures include:

    • National campaigns integrating effective and culture specific approaches targeting schools, communities, and informal sectors, with protections for whistleblowers reporting corruption in waste management.
    • Incentives for behavioral change, such as rewards for proper recycling and public recognition of clean communities, and imposition of deposits or taxes if required.
    • Collaboration with civil society, indigenous groups, and private sectors to ensure inclusive participation, including support for sound community-driven projects such as waste-to-energy conversions.
    • Developing country Parties shall receive priority assistance for these programs, including technology for digital outreach and monitoring cultural impacts.
    • The COP shall develop guidelines for evaluating the effectiveness of education initiatives, with periodic global assessments.

Article 14: Governance, Transparency, and Anti-Corruption

    1. Parties shall adopt measures to ensure good governance in the implementation of this Convention, including national-level oversight of waste management to prevent local or subnational corruption and inefficiency.
    2. Key obligations include:
        ◦ Ratification and alignment with the UN Convention Against Corruption (UNCAC), applying its provisions to environmental sectors such as plastic and waste management.
        ◦ Mandatory transparency in contracts, procurement, and enforcement related to waste infrastructure, with public access to information and independent audits.
        ◦ Anti-corruption training for officials and judicial systems, with penalties for bribery, embezzlement, or obstruction of environmental projects.
        ◦ Mechanisms to empower civil society and NGOs, including direct funding channels and legal protections against government interference, to enable community-led initiatives.
    3. The COP shall establish a subsidiary body on governance to review national reports on corruption risks and provide assistance for reforms, particularly in developing countries.
    4. Parties shall report annually on governance measures, with the Secretariat facilitating peer reviews and capacity-building.

Article 15: Implementation and National Plans

    1. Each Party shall develop and submit National Action Plans within two years of ratification, detailing measures to achieve Convention objectives.
    2. Plans shall be updated every five years, with progress reported biennially.
    3. The Secretariat shall provide guidance and review plans for adequacy.

Article 16: Compliance and Enforcement

    1. A Compliance Committee shall be established to facilitate implementation and address non-compliance through supportive measures.
    2. Parties shall adopt domestic legislation to enforce obligations, including penalties for violations.
    3. Dispute settlement shall follow procedures similar to those in the Paris Agreement, with optional recourse to the International Court of Justice.

Article 17: Monitoring, Reporting, and Verification

    1. Parties shall establish national inventories for plastic production, use, and pollution, using standardized methodologies.
    2. Independent verification of reports shall occur periodically.
    3. A global stocktake every five years shall assess collective progress.

Article 18: Governing Body and Secretariat

    1. The Conference of the Parties (COP) shall serve as the supreme body, meeting annually initially.
    2. A Secretariat, hosted by UNEP, shall support implementation.
    3. Subsidiary bodies, including scientific and technical committees, shall be established as needed.

Article 19: Amendments and Annexes

    1. Amendments to the Convention require a three-fourths majority vote at the COP.
    2. Annexes (e.g., lists of chemicals, products) may be amended by a two-thirds majority.

Article 20: Entry into Force

This Convention shall enter into force upon ratification by 60 Parties, including major plastic-producing countries representing at least 75% of global production.

Article 21: Reservations and Withdrawal

No reservations are permitted. Withdrawal is possible after three years, with one year's notice.

Annex A: Chemicals of Concern

[Initial list: e.g., Bisphenol A, Phthalates, PFAS, Brominated flame retardants. To be expanded by COP.]

Annex B: Problematic and Avoidable Plastic Products

[Initial list: Single-use plastic bags, straws, stirrers, balloons, expanded polystyrene food containers, cigarette filters.]