The development of the global governance for marine plastic pollution: fulfilling legal gaps to face the ocean emergency?

Abstract

This doctoral thesis explores how international, regional and national policies can address the escalating challenges of marine plastic pollution. Plastic, as a specific type of waste, causes numerous negative externalities, especially in fragile ecosystems like the marine environment. These challenges stem from inefficiencies and objective difficulties in the production, disposal, and recycling phases. As plastic production, consumption, and discharge continue to rise, so does the urgent need for a comprehensive global treaty that effectively addresses the transboundary nature of plastic pollution. Current regulatory efforts have primarily focused on waste management, but these measures fall short of achieving the systemic and societal changes necessary. In March 2022, nations agreed to a mandate to begin negotiations on a treaty aimed at eliminating plastic pollution, with negotiations still underway at the time of this discussion. Written amid these ongoing debates, this thesis provides a dual analysis, exploring two key phases in the evolution of global (marine) plastic pollution governance. To ensure maximum effectiveness and impact, it is crucial to address governance gaps across the entire life cycle of plastics and related chemicals. This is done by assessing existing measures and efforts, highlighting areas that could be strengthened within the framework of relevant treaties. The international community has proposed various solutions, but none appear capable of delivering the benefits and innovations that a new treaty could offer. Following this, the thesis investigates the power dynamics and relationships influencing the plastic treaty negotiations, examining the roles and impact of key actors in the decision-making process. Acknowledging that global agreements must be translated into concrete actions at national and local levels and must establish synergies and coordination with other existing instruments and agendas, the research supports the adoption of holistic approaches. These approaches should not only focus on the entire life cycle of plastics but also consider the broader complexities of the issue, which intersects with the ocean agenda, the climate agenda, and other critical environmental concerns. By integrating insights from these analyses, this thesis provides a comprehensive understanding of the complexities of global plastic governance and offers strategies for orchestrating a treaty that harmonizes different perspectives on (marine) plastic pollution, eliminating the risks of inconsistency or conflicts by identifying possibilities for collaboration in the event that mandates overlap. As a methodology, the research involved the implementation of a qualitative method with an exploratory nature, consisting of a review of scientific and legal literature and a critical analysis of international legislation. The findings contribute to advancing international environmental governance research and provide practical recommendations for crafting a global treaty that meets the urgency and scale of the plastic pollution crisis, while promoting a more integrated approach to tackling interconnected environmental challenges.