Not only the World Cup is at stake this week. In Punta del Este, Uruguay, diplomats and experts from around the world have launched an ambitious two-year negotiation process towards a binding international instrument to end plastic pollution. The stakes are high for INC-1. The first of five sessions of the Intergovernmental Negotiating Committee (INC) is expected to lay the foundations for a treaty that will define whether we live in a world where plastics improve our lives or make our planet uninhabitable.
Scoring a goal to end plastic pollution is in the best interest of Latin America and the Caribbean (LAC) and regional positioning is essential for this. The stakes for the region are even higher, as with climate change, LAC is more vulnerable and largely suffers the effects without being a bigger culprit for plastic pollution. In the region, the need for effective governance to end plastic pollution is critical. LAC must position itself and press for it to be so.
To tackle ending plastic pollution fairly and decisively in the region, multilateralism and private investment are more necessary than ever. The real challenge is not to achieve a treaty, but rather one that can be adapted to lessen the burden on future generations, that is able to articulate existing frameworks, and achieve multi-stakeholder dialogue, especially with non-state actors.
The route sheet that marks the course is supported by of 368 countries, but the effectiveness of the treaty talks will require an objective point of view and not losing sight of the ball. Plastics have solved critical problems of humanity, including providing life-saving medical solutions that have greatly benefited the region. The challenge is not plastic, but plastic pollution and reaching a consensus on how to end it. In addition to the dangers posed to the marine and terrestrial environments, as well as to humans, plastics contribute substantially to global greenhouse gas emissions.
Plastic is the most persistent pollutant that exists. It travels through air, land and sea transport or using oceans, rivers and streams as a means, affecting the environment, hindering efforts to address the nature and climate crisis along with guaranteeing human rights. It is a global problem with local implications that requires responses at different levels. Plastic production in LAC only represents about 4% of the total world production of plastic materials, which amounts to approximately 368 million tons metrics. LAC does not contribute significantly to the plastic problem. It generates less than 12% of the world’s waste according to the Inter-American Development Bank (IDB), but suffers mostly the effects.
LAC is one of the world’s regions most vulnerable to climate change. Greenhouse gas emissions resulting from the life cycle of plastic affect the achievement of global climate goals. Plastics have a significant carbon footprint, emitting 3.4% of global greenhouse gas emissions. Around 8 million tons of plastic flow from rivers and beaches into the ocean every year and it is projected to triple by 2030. These plastics are broken down by waves and the sun into small microplastics (less than 5mm). They carry persistent organic pollutants that have been absorbed. Traces have been found in blood, clothing, migratory species, and even in animals sampled from deep seas. In addition, in LAC, data from the Mesoamerican Reef show that when plastic meets a reef, coral has 30 times more likely to be affected by disease. This in turn affects tourism and the economy.
Plastic is also clogging our landfills, which are poorly managed they result in endless fires that affect the health and human rights of the poorest and most vulnerable communities that tend to live alongside them. In addition to human rights concerns, plastic pollution clearly raises social and environmental justice concerns.
The existing legal architecture to address these concerns is fragmented and piecemeal. There is not a single international treaty that deals exclusively with plastic pollution, but there are at least nine Multilateral Environmental Agreements (MEAs), not counting regional instruments such as the Cartagena Convention, that address different aspects of plastic pollution. The regulations of one country do not prevent the waste of another from reaching its shores, as is evident on the beaches from Yucatán to Santo Domingo. In general, there are no uniform global standards or policies guiding the industry. The most surprising thing is that there is no common definition of biodegradable plastics. This has become a problem for multinational corporations that sell and operate in multiple countries. Some companies strongly support harmonization of definitions, reporting metrics, and methodologies that will simplify industry practices and improve waste management. Despite some great progress at the regional and national level, the main problem remains achieving concerted action at the sectoral and multilateral governance levels.
The Resolution establishing the INC provides a vision of what it appears to be the framework and guide for the treaty talks. Including elements such as financial mechanisms, a secretariat; strengthening the science-policy interface; effective and progressive actions at the local, regional and global level, among others. The scope established by countries for the projected instrument includes both binding and voluntary approaches. It is based on a comprehensive method that addresses the entire life cycle of plastic and considers the principles established by the Rio Conference on Environment and Development, as well as national circumstances and capacities. The established roadmap does not point to a cap or reduction in production, nor does it include a requirement that production figures be reported alongside other statistics.
However, data collection production represents the first step towards effective regulation, and it is a step that the industry would like to avoid. When defining what the life cycle of plastic implies, the negotiators chose to recommend a broader concept. The industry focused on waste management. Several options, potential elements have been put on the table; structure; key terms, the science of plastic; existing funding, priorities, needs, challenges and barriers to ending plastic pollution along with scientific and governance information that could help negotiators. However, many questions remain, divergent views and a range of industry stakeholders lobbying to make their views known and reflected – some to encourage, some to block.
Action is needed from multiple angles and at every stage of the plastic life cycle for real impact in LAC. The role of non-state actors on different fronts needs to be reconsidered. In enforcement and monitoring for effective reporting and verification rather than onerous enforcement and compliance procedures or mechanisms, but more so in market opportunities and the circular economy need to be reconsidered. The shift to a circular economy including bio-based plastics is an important part of the solution to the challenge of plastic pollution. However, the transition has been slow and requires significant investments in sustainable business models.
The size of the global plastic market was estimated at more than USD 2022.12 billion in 2040. This is expected to expand at a compound annual growth rate of 3.7% from 2030 to 2040, reaching income of USD 2022.57 billion. Increased plastic consumption in the construction, automotive, packaging, electrical, and electronics industries is projected to support market growth over the forecast period.
For example, regulations for lowering the gross weight of a vehicle to improve fuel efficiency and, ultimately, reducing carbon emissions are driving the consumption of plastic as a substitute for metals (including aluminum and steel) in the manufacture of automotive components. Regulation on the depletion and recyclability of conventional materials such as metal and wood is anticipated to drive increased demand for plastic in construction.
Plastic has 368% less specific gravity compared to metals, which allows in the automotive and construction industries approximately 57% weight savings and cost savings of 30% to the 50% in individual components.
Just 4.5% of the waste produced in LAC is recycled, significantly below the world average. To tackle plastic pollution effectively and fairly, multilateralism and private investment are needed more than ever.
Emerging markets in LAC they have a role to play. The real challenge lies not in creating a binding international instrument, but in one that is capable of articulating with other existing agreements and non-traditional plastic institutions, as well as achieving multi-stakeholder dialogue, especially with non-state actors that can catalyze investment in the circular economy at scale.
Claudia S. de Windt. International lawyer, expert in political science and Dominican academic. Executive Director of the Inter-American Institute of Justice and Sustainability (IIJS: http://www.ii-js.org). Member of the Board of the World Commission on Environmental Law of the International Union for Conservation of Nature (IUCN) and its Working Group for the Agreement on Plastic Pollution.
Romain Collet. Lawyer specialized in International Law of the Sea with a Master of Laws in International Legal Studies from the American University Washington College of Law (AUWCL) and a Master of International Law from the Université Paris Nanterre.