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Compliance mechanisms of the draft global plastics treaty: theory, current status, and prospects
Summary
Analysis of five UN INC sessions on the Global Plastics Treaty reveals deep divergences on compliance mechanisms, financing, and technology transfer that have stalled progress since the 2022 UNEA resolution. The article argues the treaty must operationalize common-but-differentiated responsibilities, establish robust non-compliance procedures, and secure sustainable financial support to meaningfully curb transboundary marine plastic pollution.
Marine plastic pollution, with its transboundary nature, persistence, and extensive harmful impacts, has become a pressing challenge to the ecological security and sustainable development of the global ocean. In response, the international community has sought to integrate this issue into existing regulatory regimes through revisions to multilateral environmental agreements and annexes, supplemented by soft-law instruments such as the Global Programme of Action for the Protection of the Marine Environment from Land-based Activi-ties (1995) and the Honolulu Strategy (2012). Despite these efforts, significant regulatory gaps remain. The adoption of the Draft Resolution on End Plastic Pollution by the United Nations Environment Assembly on 2 March 2022 marked a pivotal step toward a Global Plastics Treaty. Since then, the United Nations Environment Programme has convened five sessions of the Intergovernmental Negotiating Committee, yet negotiations continue to face deep divergenc-es, particularly on compliance mechanisms, funding, and technology transfer. This article analyzes the theoretical foundations, current status, and prospective pathways of the draft compliance mechanism, identifying institutional deficiencies and proposing reforms. It argues that the future treaty should operationalize the principle of common but differentiated responsibilities, establish a robust non-compliance procedure, secure sustainable financial and technological support, and foster inclusive international cooperation to ensure effective implementation.