The necessity of justice for a fair, legitimate, and effective treaty on plastic pollution

Abstract

In 2022, states resolved to negotiate by the end of 2024 a legally binding international instrument to govern the life cycle of plastics, including the prevention of marine pollution. Prioritizing justice, this study contends, is going to be necessary for a fair and equitable agreement that safeguards human rights, which in turn is going to be essential for the treaty’s legitimacy and effectiveness. Five justice principles in particular will need to guide development and implementation of the agreement. First, negotiators, policymakers, and implementors will need to strive for distributive justice, reflecting the strong evidence that plastic pollution is disproportionately harming vulnerable populations, especially in developing countries. Second, they are going to need to commit to procedural justice, ensuring Indigenous peoples and marginalized communities have the opportunity to participate fully and meaningfully in plastics governance. Third, they will need to aim for environmental justice at all levels of governance, avoiding rules, incentives, and market mechanisms that exacerbate social inequities or violate human rights. Fourth, they are going to need to impose strong regulatory controls, including trade and investment restrictions, to enhance corporate transparency and accountability for plastic pollution and environmental injustices. Fifth, they will need to provide technical and financial assistance to help transition marginalized populations to a non-polluting global plastics economy, avoiding further indebting low-income states while placing the economic burden on high polluters and high-capacity states. The article concludes by reflecting on possible approaches, regulatory controls, and legal concepts to promote these principles and enhance the treaty’s legitimacy and effectiveness.